Marijuana legislation can be extremely confusing to customers and businesses alike. While at the federal level marijuana remains illegal, many states have decriminalized or legalized the use of cannabis in various forms. Marijuana is legal in 23 states and Washington D.C. However, the rules and regulations of each of these states can largely differ.
States like California, Illinois or New York permit only the medical use of marijuana, while recreational use remains prohibited. Additionally, the form of the ingested cannabis is also often subject to rules. New York patients who require marijuana as medicine can only ingest the substance through edibles, oils, pills or vaporization; they are not allowed to smoke the plant.
When it comes to marijuana reform, the most progressive states in the U.S. include Colorado, Washington, Oregon, and Alaska. Major differences are noticeable right away: while Washington D.C. legislation allows the use, but not the sale of cannabis for recreational purposes, Colorado, Oregon, and Washington state allow both medical and recreational use and sale of the substance. Additionally, local governments in Colorado and Washington may prohibit marijuana businesses (for example, the city of Colorado Springs prohibits recreational cannabis businesses, but allows the sale of medical marijuana). In Oregon, local governments may only prohibit recreational marijuana businesses via general election, but they can adopt a host of specific regulations.
State Cultivation Laws
Rules regarding the cultivation of marijuana are also different from state to state. In Oregon, marijuana users can concomitantly cultivate up to 4 mature plants per household. In Washington, patients may grow up to six plants at home for medicinal purposes, with only three mature at any one time, but growing for recreational use remains a felony. Residents of Alaska, Colorado and Washington, D.C., can concomitantly grow 6 plants at home for any use, but only 3 may be mature. Only persons who are over 21 may grow and use marijuana.
Marijuana possession of 2 ounces or less in one’s primary residence is permitted in Washington D.C. In Colorado and Washington state, cannabis users may possess up to 1 ounce of marijuana, although in Washington the substance should be stored in one’s residence, as the law permits private possession only. In Oregon, the limit is higher: users can possess up to 8 ounces of marijuana in their homes, and up to 1 ounce in public.
Sale
Laws regulating the sale of marijuana has been established individually in Oregon, Colorado, Washington, and Alaska, and each has its own rules:
- Oregon: Both retail and wholesale are allowed, and the number of issued licenses is not limited; there are four types of recreational marijuana licenses: producer, processor, wholesaler, and retailer.
- Colorado: Retail and wholesale are allowed, and an unlimited number of licenses may be issued; there are four types of licenses available: retail marijuana store, retail marijuana product manufacturing, retail marijuana cultivation, and retail marijuana testing facility.
- Washington: While both wholesale and retail are allowed, the number of issued licenses is capped at 556. Additionally, licenses are allotted according to a three-tier system — producer, processor, and retailer. Producers and processors are prohibited from obtaining a retail license.
- Oregon: Wholesale and retail sale of marijuana are both allowed in Oregon.
- Washington D.C.: Sale is not currently permitted.
Driving under the influence of cannabis is strictly prohibited in Oregon and Washington D.C., while in Colorado and Washington intoxication levels are set at 5ng THC/ml of blood.
Legally purchased marijuana cannot be transported across state lines. Cannabis purchased in Oregon, Washington or Colorado must be consumed in the state of purchase.