While Marijuana is fast becoming legal in many states, laws vary from state to state which if not followed can result in fines or arrest. Below is a list of current laws for the 6 legal states.
**Note** These were the laws posted per states websites January 2018. Use this information as a guideline only and always check yourself as I take no responsibility for this information. Clicking on the state title will take you to the states websites on the subject of marijuana
This overview will let you know what is legal in Alaska for personal-use marijuana. However, cities and communities are allowed to pass even stricter laws. Be sure to review your local laws in case the rules differ from what you read here.
- How old do I have to be to consume marijuana?
You must be 21 years old to use marijuana products. It is illegal to give marijuana to minors.Adults 21 years old and older can possess as much as one ounce of marijuana and grow up to six plants in their home for personal use; up to three of the plants can be mature and flowering.
- Can I smoke or consume pot while in the park with my friends?
Not in Alaska. Again, the law bans all public use of any marijuana, not just smoking. This means it is illegal to use marijuana in schools, amusement venues, businesses, parks, playgrounds, sidewalks, or roads, just to name a few. And since marijuana is still illegal federally, you cannot use it on federal land — not in national parks and national forests.
- So where can I use marijuana?
Private property is your best bet, though some property owners or homeowners associations may have policies that prohibit marijuana use. Check your local laws and with hotel owners and landlords prior to consuming marijuana. When using marijuana in your home, keep in mind that secondhand smoke, whether from tobacco or marijuana, can be dangerous.Make your home smoke-free to limit your loved ones’ exposure to secondhand smoke.
- Can I use marijuana while I am cruising around town?
No. You cannot use marijuana while operating any motorized vehicle, including cars, snowmachines, boats, ATVs, airplanes – basically anything with a motor. You can also get a DUI while operating any aircraft or watercraft, whether motorized or not. (AS 28.35.030)
- Can I get a DUI for driving while high?
Yes. Driving while impaired is illegal. It doesn’t matter what substance you are using. If you are not sure whether you are impaired, do not drive.
- What about marijuana possession for teens and young adults under age 21?
It is illegal for anyone under the age of 21 to possess marijuana.
- Can I grow my own product?
Adults age 21 and over can possess, grow, and give away as many as six marijuana plants. Only three of the plants can be mature and flowering at any one time.
- Can I take marijuana out of the state?
No. It is illegal to leave Alaska with any marijuana products.
**Note** The state of California has just made recreational use legal as of this writing (January 2018) and are still in the process of writing its laws.
- Under California law, adults 21 or older can use, carry, and grow cannabis (marijuana, weed, pot).
- Buying cannabis (without a current physician’s recommendation or a county-issued medical marijuana identification card) will become legal for adults 21 or older January 1, 2018.
- Use of medicinal cannabis is legal if you have a current physician’s recommendation or a valid county-issued medical marijuana identification card.
- To buy medicinal cannabis, you must be 18 or older and have either have current physician’s recommendation, a valid county-issued medical marijuana identification card or be a Primary Caregiver as defined in Health and Safety Code Section 11362.7(d).
- You can consume cannabis on private property but you cannot consume, smoke, eat, or vape cannabis in public places. Property owners and landlords may ban the use and possession of cannabis on their properties.
- Even though it is legal under California law, you cannot consume or possess cannabis on federal lands like national parks, even if the park is in California.
- It is illegal to take your cannabis across state lines, even if you are traveling to another state where cannabis is legal.
**Note** Check local laws and policies. The laws listed here are for the state. Cities, counties, schools, universities, and employers may set their own rules and consequences. Check how marijuana laws differ in each county or town before you use.
- Buying and Selling: It is illegal for people under 21 to buy, have or use retail marijuana.
- It is a felony for anyone to give or sell to, or share marijuana with, anyone under 21.
- You must present a valid ID proving your 21 or older.
- Limits to Buying: Buy retail marijuana only from licensed retail stores.
- Adults over the age of 21 can buy and possess up to 1 ounce of marijuana at a time.
- Limits to Selling: Only a licensed retailer can sell marijuana.
- Adults over 21 can give up to 1 ounce of marijuana to another adult 21 or older, but can’t sell marijuana. This includes homegrown product.
- Using and Having: Adults 21 and over can have up to 1 ounce of marijuana. Having more can result in legal charges and fines.
- Public use is Illegal: Using marijuana in any way -smoking, eating or vaping- isn’t allowed in public places. This includes the following outdoor and indoor areas, and many more: Sidewalks, Parks and Amusement Parks, Ski Resorts, Concert Venues, Businesses, Restaurants, Cafes, and Bars, Common Areas of Apartment Buildings and Condominiums.
- Use on Federal Land is Illegal: Since marijuana is still illegal under federal law, you cant use on federal land, including national parks and national forests. This includes ski resorts.
- Where You Can Use: Private property is your best bet. However, property owners can ban the use and possession of marijuana on their properties. If you rent, you may not be allowed to use marijuana in your home. Hotel owners can ban the use and possession of marijuana
- Drug Testing at Work: Despite legalization, employers can still test for marijuana and make decisions based on drug test results. Be sure you know your workplace policies before you use.
- Making Hash Oil: It is illegal to make hash oil or concentrates using substances like butane, propane, ether or alcohol.
- Limited Hours of Sale: Under state rules, retail marijuana businesses can only be open from 8 a.m. and midnight. Municipalities can require stricter hours of operation, so be sure to check local laws before you head to a retailer.
- Packaging Requirements: Retail and medical marijuana businesses are required to sell all marijuana products in packaging that’s resealable, child-resistant and not see-through. The packaging protects children, teens, and adults from eating something that they don’t realize contains marijuana. Using packaging from the store is the first step in safe storage.
- Coloradans Growing at Home for Personal use: Up to 6 plants per Colorado resident over the age of 21, with as many as 3 flowering at the same time.
- Beginning January 1st, 2018: All residences will be limited to a maximum of 12 plants unless certain requirements are met. Be sure to check your local laws for specific details. The laws are different for medical marijuana users.
- Buying Marijuana: The only legal way to buy marijuana in Nevada is from a state-licensed store or dispensary. It remains illegal to buy marijuana from any other source. Customers purchasing retail marijuana will have to show proper identification proving they are 21 or older, just like for alcohol purchases.
- Possessing Marijuana: Adults 21 years and older can legally possess marijuana in the following amounts:
- Up to 1 ounce of marijuana.
- Up to 1/8 of an ounce of concentrated marijuana (the separated resin, whether crude or purified, obtained from marijuana)
- Consuming Marijuana: Adults 21 years and older can legally consume marijuana, but with restrictions on where it can be consumed:
- You cannot use marijuana in any public place.
- You cannot use marijuana in a moving vehicle, even if you’re a passenger
- Essentially, this means it can only be consumed on private property (at home, for example), and as long as the property owner has not prohibited it.
- Growing Marijuana: Adults 21 years and older can legally grow marijuana plants at home for their personal consumption, but only if there is not a state-licensed retail marijuana store within 25 miles of the home.
- The Following Rules Apply:
- Up to 6 plants per person, but no more than 12 plants per household.
- Plants must be grown in a closet, room, greenhouse, or other enclosed areas that are equipped with a lock or other security device.
- Plants must not be visible from a public place.
- The grower must own the property or have the permission of the legal owner.
- Property Owners: Under the new law, a private property owner is not prohibited from restricting the smoking, cultivation, processing, manufacture, sale, delivery, or transfer of marijuana on their property.
- Employers: Under the new law, a public or private employer is not prohibited from maintaining, enacting, and enforcing a workplace policy prohibiting or restricting actions or conduct otherwise permitted under the Regulation and Taxation of Marijuana Act.
- When can I Smoke/Use Recreational Marijuana: As of July 1, 2015, Oregonians can grow up to four plants on tir property, possess up to eight ounces of usable marijuana in their homes and up to one ounce on their person. Recreational marijuana cannot be sold or smoked in public.
- Where Can I Buy Marijuana: You may purchase marijuana items at an OLCC licensed retail location.
- How Much Marijuana Can I Have?: The personal possession limits are:
- One ounce of usable marijuana in a public place;
- Eight ounces of usable marijuana;
- 16 ounces of a cannabinoid product in solid form;
- 72 ounces of a cannabinoid product in liquid form;
- Five grams of cannabinoid extracts or concentrates, whether sold alone or contained in an inhalant delivery system;
- Four immature marijuana plants; and
- Ten marijuana seeds.
- What is Meant by “Useable” Marijuana?: Useable marijuana refers to dried marijuana flowers or leaves. In other words, marijuana that is ready to smoke.
- Can I Grow Marijuana at Home?: Yes, with limits. As of July 1, 2015, Oregonians can home grow of up to four plants per residence, regardless of how many people live in the residence. Four adults in one residence does not mean 16 plants. The limit is four per residence.
- Can a Landlord Tell Tenants Not to Grow Recreational Marijuana or Smoke in Rental Units?: Chapter 475B does not affect existing landlord/tenant laws.
- Can I Smoke Marijuana in a Bar/Restaurant?: No. Marijuana cannot be smoked or used in a public place. The OLCC considers any establishment with a state liquor license to be public, including patios or decks set aside for smokers. Allowing marijuana use may put an establishment’s liquor license in jeopardy. In addition, smoking and vaping in most businesses is limited by the Indoor Clean Air Act.
- What is the Definition of a Public Place?: Chapter 475B defines a public place as “a place to which the general public has access and includes, but is not limited to, hallways, lobbies, and other parts of apartment houses and hotels not constituting rooms or apartments designed for actual residence, and highways, streets, schools, places of amusement, parks, playgrounds, and premises used in connection with public passenger transportation.”
- What is the Minimum Age?: : As of July 1, 2015, anyone at least 21 years of age can consume recreational marijuana in Oregon. Marijuana use or possession of recreational marijuana by anyone under 21 years of age is illegal. That includes home consumption.
- Marijuana Use on Federal or Tribal land in Oregon: Chapter 475B does not address the possession or use of recreational marijuana on the land of Federally Recognized Tribes in Oregon. This is an issue between the Federal Government and Tribal Governments.
- Can Oregon Recreational Marijuana be Taken to the State of Washington or California Where it is also Legal?: No. Taking marijuana across state lines is a federal offense.
**Note** Exceptions exist for many of these provisions if the person is a registered medical patient
- Age Limit: Only adults 21 and over can purchase or possess marijuana for recreational use.
- Stores: Marijuana can only be sold and purchased from a state-licensed retail store. A valid photo ID is required, and no one under 21 is allowed on the retail premises.
- Purchase Limits: Recreational consumers can purchase up to 1 ounce of usable marijuana ( the harvested flowers, or “bud”), 16 ounces of marijuana-infused edibles in solid form, 72 ounces in liquid form, and 7 grams of marijuana concentrates.
- No Resale or Giveaways: It remains a felony for anyone but a licensed retailer to sell or provide marijuana to anyone else. Providing or selling marijuana to a minor under the age of 18 is subject to 10 years in prison and a $10,000 fine.
- Public Use: It is illegal to consume marijuana in public.
- Driving: It is illegal to drive under the influence of marijuana, and doing so may result in significant legal penalties.
- Travel: It is illegal to take marijuana outside of Washington. Doing so may result in significant legal penalties.
- Growing: It is illegal to grow your own marijuana unless you are an authorized medical patient. Doing so may result in significant legal penalties,