America the Beautiful: These 18 States Let You Smoke Recreational Weed

Weed is so normalized in America that it’s hardly cool anymore. Once Martha Stewart, Elon Musk, and your aunt—not even the eccentric one—started talking about marijuana like it was ibuprofen, it felt like it lost its gloried grunge. Long gone are the days of dirty bongs, replaced by high-brow smoking accessories and a trove of luxe edibles. Oh, and hundred-thousand-dollar bongs that are coveted like art, because they are art. The industry is dabbling in non-alcoholic THC beverages, and the country’s first-ever weed restaurant, where you can smoke and dine in public without feeling anything more than your regular dose of paranoia, opened in West Hollywood.

Weed has a golden cloud around it, where regressive, cobwebbed fears have been replaced by excitement, at least on the grand scale.

Obviously, legalization has a lot to do with that. In the U.S., recreational marijuana legalization is slowly eking out victories on a state-by-state basis. Colorado kicked off the movement in 2012. In the 2016 election, which was bad for most reasons but good for this one, four states got on board, raising the total to eight states to legalize. On Election Day 2020, another four states added their numbers to the growing pack. This March, New York made its long-awaited leap into the legal industry, pushing a progressive bill through the state legislature. On its heels were Virginia, New Mexico, and Connecticut, all three of which put legalization into effect just in time for America's 245th birthday party. More than a third of us Americans live where it's legal.

Technically, South Dakota ought to have adult use this year, too, seeing as residents made it one of the four states to vote for legalization last November. But Governor Kristi Noem, who said legal weed is "the wrong choice" for her state, has challenged the initiative and offered decriminalization plus medical marijuana in its stead. South Dakota sanctioned medical use on July 1, but the recreational side of that little courtroom drama is still playing out.

Photo credit: KENA BETANCUR - Getty Images
Photo credit: KENA BETANCUR - Getty Images

At this point, it's hardly a surprise that yet another state has decided to make itself a haven for marijuana users (as well as businesses tapping into the lucrative marijuana market). The tax revenue alone is hugely enticing; New York is expected to rake in $350 million a year. But as states legalize and business booms, as celebrities dive into the marijuana market and influencers suck on vape pens for the 'gram, the weed industry must contend with vast inequality in America. Historically, law enforcement grossly targeted minority people, even though white people statistically use marijuana at the same rate. While cannabis brands blossom on social media, people still sit in prison for nonviolent drug offenses. Expungement of criminal records and cannabis business practices that benefit the communities most ripped apart by the War on Drugs are necessary, and must go hand in hand with legalization in the states. Or, at the federal level.

Want to read all the best stories about Marijuana in America? Join Esquire Select

While he was in his Attorney General post, Jeff Sessions—Remember him? The flaming racist who thinks "good people don't smoke marijuana?”—rescinded an Obama-era memo that protected states where marijuana was legal from most federal prosecution. That about summed up the lack of forward movement during the Trump years. (Trump did, it should be noted, think marijuana makes people “lose IQ points,” a fact we present without comment.) But more and more politicians on both sides of the aisle are in favor of decriminalization. In December, the House passed the MORE Act, which would decriminalize marijuana nationally, lead to expunged records for federal cannabis offenses, and set aside money for underrepresented communities in cannabis industry. It was welcomed by a slim Democratic majority when it hit the Senate, where it's in committee.

Once any type of decriminalization legislation sits on President Biden's desk, he'll sign it. He's made that clear. He's also made it clear he understands the looming injustices of drug law enforcement, particularly in Black and brown communities. But many advocates for drug policy reform say full legalization with social justice safeguards built in is the best thing America can do for itself right now. Biden? The guy does not seem convinced. Whether he becomes convinced or not, Senate Majority Leader Chuck Schumer is getting ready to reveal legislation calling for federal marijuana reform that goes beyond mere decriminalization.

By the way, Canada officially legalized weed throughout the entire damn country in 2018, as did Mexico in early 2021. Aren't they just so lucky. As we wait our turn, keep an eye on psilocybin, the active compound in shrooms that was just legalized for eventual therapeutic use in Oregon.

Who knows? Maybe one day our federal government will get it together. Until then, here are the 18 states plus the District of Columbia that have chosen to make it legal to buy and consume recreational marijuana, as well as the 36 states plus D.C. that have approved medical marijuana.


The 18 States (plus D.C.) with Legal Recreational Weed

These are the 18 states, plus Washington, D.C., that allow recreational weed use—and medical marijuana, as well. New Mexico, Connecticut, and Virginia are the most recent additions, with legal weed permitted to residents in all three as of July 1.

Laws about possession, distribution, personal cultivation, and concentrates differ across state lines. NORML, a nonprofit group that advocates for marijuana reform, has a more detailed, state-by-state rundown. Nor do all of these states have a retail infrastructure set up yet, so it might be impossible to pop into a dispensary and stock up on gummies—for now.

Alaska

• It is legal for adults 21 and over to possess up to one ounce of marijuana.
• It is legal for adults 21 and over to grow up to six marijuana plants per household, but no more than three can be mature and flowering at a time.

Arizona

• It is legal for adults 21 and over to possess up to one ounce of marijuana.
• It is legal for adults 21 and over to grow five or fewer plants per household.

California

• It is legal for adults 21 and over to possess up to one ounce of marijuana.
• It is legal for adults 21 and over to grow five or fewer marijuana plants per household.

Colorado

• It is legal for adults 21 and over to possess up to one ounce of marijuana.
• It is legal for adults 21 and over to grow up to six plants per household, but no more than three can be mature at a time.

Connecticut

• It is legal for adults 21 and over to possess up to 1.5 ounces of marijuana in public or up to five ounces in private.
• It will remain illegal to grow marijuana plants at home until July 2023. However, registered medical marijuana patients will be permitted home cultivation in fall 2021.

District of Columbia

• It is legal for adults 21 and over to possess up to two ounces of marijuana.
• It is legal for adults 21 and over to grow up to six plants per household, but no more than three can be mature at a time.

Illinois

• It is legal for Illinois residents 21 and over to possess up to 30 grams of marijuana (roughly 1.06 ounces). Non-Illinois residents 21 and over can only possess 15 grams of marijuana (roughly half an ounce).
• It is legal for registered medical marijuana patients to grow up to five plants per household that are five inches or taller.

Maine

• It is legal for adults 21 and over to possess up to 2.5 ounces of marijuana.
• It is legal for adults 21 and over to have up to three flowering plants and 12 immature plants growing per household.

Massachusetts

• It is legal for adults 21 and over to possess up to one ounce of marijuana outside the home, and up to 10 ounces of marijuana inside the home.
• It is legal for adults 21 and over to grow up to six plants per household.

Michigan

• It is legal for adults 21 and over to possess up to 2.5 ounces of marijuana outside the home, and up to 10 ounces of marijuana inside the home.
• It is legal for adults 21 and over to grow 11 or fewer plants per household.

Montana

• It is legal for adults 21 and over to possess up to one ounce of marijuana.
• It is legal for adults 21 and over to grow up to four plants for personal use.

New Jersey

• It is legal for adults 21 and over to possess up to six ounces of marijuana.
• It is illegal to cultivate marijuana for personal use without a license.

New Mexico

• It is legal for adults 21 and over to possess up to two ounces of marijuana.
• It is legal for adults 21 and over to grow up to six plants for personal use at home, with no more than 12 plants per household.

New York

• It is legal for adults 21 and over to possess up to three ounces of marijuana.
• It is legal for adults 21 and over to grow up to six mature plants and six immature plants per household.

Nevada

• It is legal for adults 21 and over to possess up to one ounce of marijuana.
• It is legal for adults 21 and over to grow up to six plants per household if they do not live within 25 miles of a marijuana dispensary.

Oregon

• It is legal for adults 21 and over to possess up to one ounce of marijuana outside the home, and up to eight ounces of homegrown marijuana inside the home.
• It is legal for adults 21 and over to grow up to four plants per household.

Vermont

• It is legal for adults 21 and over to possess up to one ounce of marijuana.
• It is legal for adults 21 and over to grow up to six plants per household, only two of which can be mature.

Virginia

• It is legal for adults 21 and over to possess up to one ounce of marijuana.
• It is legal for adults 21 and over to grow up to four plants in a primary residence, as long as those plants are not visible to the public.

Washington

• It is legal for adults 21 and over to possess up to one ounce of marijuana in private.
• It is illegal to grow plants.


The 18 States with Legal Medical Marijuana

In addition to the 18 states plus D.C. with legalized recreational weed—and therefore legal medical marijuana—these 18 states have legalized just medical marijuana. NORML has the full rundown of each state's law.

• Arkansas
• Delaware
• Florida
• Hawaii
• Louisiana
• Maryland
• Minnesota
• Mississippi
• Missouri
• New Hampshire
• North Dakota
• Ohio
• Oklahoma
• Pennsylvania
• Rhode Island
• South Dakota
• Utah
• West Virginia

You Might Also Like