State | Year Law Passed | Amount of Marijuana the Policy Applies To | First Offense Penalty | Subsequent Offense Penalties | Classification for First Offense | Citations | Other Information |
Alaska | 2014; 1975 court decision | One ounce, six plants, marijuana from those plants | No penalty for those 21 and older | No penalty for those 21 and older | N/A for adults 21 and older | Alaska Stat. § 17.38.020 | In 2014, voters approved Ballot Measure 2, to legalize, regulate, and tax marijuana for adult use. It does not allow public use. In addition, the state Supreme Court ruled in 1975 that the state’s right to privacy protects private possession of marijuana (Ravin v. State). |
Arizona | 2020 | One ounce with no more than five grams being concentrates, six plants, and the marijuana from those plants (12 plants if two adults 21+ live at the residence) | No penalty for those 21 and older; $100 fine and four hours of drug counseling for minors | No penalty for those 21 and older; $100 fine and eight hours of drug counseling for minors | N/A for adults 21 and older; petty offense for others | A.R.S. § 36-2852, § 36-2853 | Arizona voters approved an adult-use legalization initiative, Prop 207, on November 3, 2020. Legal sales began January 22, 2021. Smoking marijuana in a public place or open space is a petty offense. |
California | 2016 (legal for adults 21 and up); 1976 and 2010 | 28.5 grams (about an ounce) or less; six plants, and marijuana from the plants | Adults 21 and older: no penalty; ages 18-20: $100 fine; minors: counseling, community service, drug education | Same as first offense | N/A for adults 21 and up; infraction for others | Cal. Health & Safety Code § 11362.1, §11357 | Regulated adult-use marijuana sales began in early January 2018. It remains illegal to use marijuana in public (other than in licensed cannabis cafés) or to have an open container in cars. |
Colorado | 2012 (legal for adults 21 and up); 1975 and 2010 (fining possession) | For adults 21 and older: no penalty for up to two ounces, six plants, and marijuana from the plants For those under 21: fine applies to up to two ounces | No penalty for adults 21 and older; $100 fine for those under 21 | No penalty | N/A for adults 21 and up; Criminal class 2 petty offense for others | Colorado Constitution Article XVIII, Section 16; C.R.S. § 18-18-406 (1)-(3) | In 2012, voters approved Amendment 64, to legalize, regulate, and tax marijuana for adults’ use. It does not allow public consumption. |
Connecticut | 2021 (legal for adults 21 and up); 2011 (fining possession) | For adults 21 and older: no penalty for up to 1.5 ounces or equivalent and up to five ounces secured at home, plus three mature plants and three immature plants For those under 21: modest fine for up to five ounces |
No penalty for adults 21+ For those 18-20: $50 or community service alternative for indigent Under 18: a written warning and possible referral to a youth services bureau | For those 18-20: $150 or community service alternative for indigent Under 18: mandatory referral to a youth services bureau or other services; subsequent: offenses adjudicated delinquent in juvenile court | Civil violation | C.G.S.A. § 21a-279a | On June 22, 2021, Gov. Ned Lamont signed S.B. 1201, adult-use legalization, into law. One ounce is considered the equivalent to five grams of cannabis concentrate or any other cannabis product with up to 500 milligrams of THC. The law added cannabis to the Clean Indoor Air Act. |
Delaware | 2023 | One ounce or less, up to 12 grams concentrates, or up to 750 mg of THC in products | Adults 21 and older: no penalty; ages 18-20: $100 civil fine; under 18: may be referred to counseling, treatment, or other intervention services | Same as first offense | N/A for adults 21 and older, civil violation for minors | Del. Code Ann. Title 16 § 4764; § 4764A | In April 2023, legalization laws HB 1 and HB 2 became law without the governor's signature. Consuming cannabis in public or in a moving vehicle carries up to five days in jail and/or a fine of up to $200. Cannabis must be stored in a closed container in a moving vehicle and can’t be readily accessible. |
District of Columbia | 2014 | For adults 21 and older: Up to two ounces outside the home, plus six plants and the marijuana from the plants at home For those under 21: fine applies to up to one ounce | No penalty for adults 21 and older; $25 fine for those under 21 | Same as first offense | N/A for adults 21 and older; civil violation for others | D.C. Official Code §§ 48-904.01 & 48-1203 | Parental notification is required for minors. In November 2014, voters approved Initiative 71, which legalized personal possession and cultivation of marijuana for adults 21 and older. |
Hawaii | 2019 | Three grams | $130 fine | Same as first penalty | Non-criminal | H.R.S. 712-1249 | |
Illinois | 2019 (legal for adults 21 and up); 2016 | Residents: No penalty for up to 30 grams, five grams concentrates, or products with up to 500 mg THC; Non- residents: half those amounts | No penalty for adults 21 and older | Same | N/A for adults 21 and older | 410 ILCS 705/10-5, 705/10-10. | In 2019, Illinois became the first state to adopt a regulatory system for legal cannabis via a state legislature. The possession limit is half the listed amounts for non-residents. For minors, possession of up to 10 grams of cannabis is punishable by a $100-200 fine. Cultivation of up to five plants is punishable by a fine. |
Louisiana | 2021 | 14 grams | Fine of up to $100. For indigent, the court must find alternatives, such as community service or installment payments. | Same | Unclear | L.R.S. 40:966(C) (2)(a)) | |
Maine | 2016 (legal for adults 21 and up); 1976 and 2009 | 2.5 ounces; six mature plants, 12 immature plants, and the cannabis from the plants | No penalty for adults 21 and older; those under 21: $350 - $1,000 fine | Same as first offense | N/A for adults 21 and up; civil violation for others | 7 M.R.S.A. §2452; 22 M.R.S.A. § 2383 | In 2016, voters approved Question 1 to legalize, regulate, and tax marijuana for adult use. It remains illegal to use marijuana in public. |
Maryland | 2022 | Up to 1.5 ounces of cannabis, 12 grams of concentrates, or products with up to 750 mg of THC; up to two plants | Adults 21 and older: no penalty; under 21: up to a $100 fine, possible drug education and/or substance abuse assessment | No penalty for adults; For minors, same as first offense. | No penalty for adults; civil offense for minors | Md. Code Ann., Crim. Law § 5-601 | In November 2022, voters approved a legislatively referred legalization initiative. The legislature enacted a contingent companion bill in 2022, and in 2023 it approved legal, regulated sales. Public smoking of cannabis is punishable by a fine of up to $50 for a first offense. |
Massachusetts | 2016 (legal for adults 21 and up); 2008 | One ounce, six plants and marijuana from the plants | Adults 21 and older: no penalty; ages 18-20: $100 fine; minors: fine, drug awareness class | Same as first offense | N/A for adults 21 and up; civil offense for others | M.G. L.A. 94G, Section 7; 94C § 32L-32N | In 2016, voters approved Question 4 to legalize, regulate, and tax marijuana for adult use. It remains illegal to use marijuana in public or to have an open container in cars. |
Michigan | 2018 | 2.5 ounces, six plants, and marijuana from the plants | No penalty for those 21 and older | No penalty for those 21 and older | N/A for adults 21 and older | Voters approved Prop. 1 in 2018 to legalize, regulate, and tax marijuana for adults 21 and older. Possession by those under 21 remains a crime, and the law does not allow public consumption. | |
Minnesota | 2023 | Two ounces, eight grams of concentrate, and edibles with up to 800 mg of THC; at home: two pounds and up to eight plants (four flowering) | Adults 21 and older: no penalty; under 21: unclear | Adults 21 and older: no penalty; under 21: unclear | Adults 21 and older: no penalty; under 21: unclear | Minn. St. § 342.09; possibly §645.241 | In 2023, the legislature and governor approved an adult-use legalization law. Vaping or smoking cannabis in a multi-family home including balconies and patios, is punishable by a $250 fine. Having an open container in a car is a jailable offense. Cities may impose fines for public consumption. The legalization law does not include a penalty for minors in possession, but a default penalty appears to apply — a petty misdemeanor carrying up to a $300 fine. |
Mississippi | 1977 | 30 grams (a little more than an ounce) or less | $100-$250 fine | Second conviction within two years is a $250 fine and 5-60 days jail, plus counseling; third conviction in two years is a misdemeanor | Civil summons (first or second); criminal misdemeanor (third conviction within two years) | Miss. Code Ann. § 41-29-139 (c) (2) | Offenders who provide proof of identity and agree in writing to appear in court are not subject to arrest. The Bureau of Narcotics maintains a record of first and second convictions, but the record does not constitute a criminal record, and the record of each conviction is expunged after two years. |
Missouri | 2023 | Three ounces of cannabis, and the equivalent; six mature plants with cultivation card | Adults 21 and older: no penalty; under 21: $250 to $1000 fine | Adults 21 and older: no penalty | No penalty for adults; Class D misdemeanor (infraction) for minors | Mo. Const, Art XIV, Sec. 2; Mo. St. §579.015. | In November 2022, the voters approved an adult-use legalization measure. The penalty for minors is for up to 10 grams. Cannabis cannot be smoked where tobacco smoking is prohibited. It also cannot be smoked in a motor vehicle or other motorized transport while it is in operation. |
Montana | 2020 | One ounce with no more than eight grams being concentrates, four plants, four seedlings | No penalty for adults 21 and older; for minors, a civil fine not to exceed $100 or up to four hours drug education/ counseling | No penalty for those 21 and older; for minors, same as first offense | N/A for adults 21 and up; civil violation for others | Not yet codified | On November 3, 2020, Montanans passed two complementary ballot initiatives to legalize, regulate, and tax marijuana for adults 21 and older. Constitutional Initiative 118 amends the Montana Constitution to set the legal age for marijuana at 21, while Initiative 190, a statutory measure, outlines a comprehensive system of legalization overseen by the Montana Department of Revenue. |
Nebraska | 1978 | One ounce or less | $300 fine and a course if judge deems appropriate | Second conviction: $400 fine, up to five days in jail; third conviction: $500 fine, up to seven days in jail | Civil infraction (first); criminal misdemeanor (second and third) | Neb. Rev. Stat. § 28-416 (13) | The first offense is an infraction. A citation is issued in lieu of arrest or continued custody. A citation is also issued for second and third convictions, and thus, they are also not arrestable offenses. |
Nevada | 2016 (legal for adults 21 and up); 2001 | 2.5 ounces; for those living 25 miles from retailers: six plants, and marijuana from the plants | No penalty for adults 21 and older; under 21: up to a $600 fine, in some circumstances, treatment and rehabilitation | Second conviction: up to $1,000 fine and treatment; subsequent penalties include possible jail sentences | N/A for adults 21 and up; criminal misdemeanor for others | Question 2 § 6; N.R.S. § 453.336 (4) | In 2016, voters approved Question 2, to legalize, regulate, and tax marijuana for adults’ use. It remains illegal to use marijuana in public (other than in licensed cannabis cafés). The legislature increased the possession limit from one ounce to 2.5 ounces in 2023. It takes effect in January 2024. |
New Hampshire | 2017 | 3/4 ounce | Adults: $100 fine; Minors: determined by juvenile court | Second offense: $100 civil fine; third offense: $300 civil fine; fourth offense within three years: up to a $1,200 criminal fine | Civil violation | RSA 318-B:2-c | The policy also applies to five grams of hashish and marijuana- infused products containing up to 300 mg of THC, if they were purchased from states where they were legally sold and are stored in the properly labeled, child-proof containers. |
New Jersey | 2021 | Adults 21+: no penalty for up to six ounces or 17 grams of hashish | Adults 21+ no penalty Those under 21: Warning to the minor only | Minors: Subsequent warnings include more information on accessing services Those under 18: Subsequent warnings go to the parent, too | N/A for adults 21 and up For minors: warning | N.J.S.A. C. 24:6I- 31, C.2C:33-15 | A third or subsequent warning for a person 18-20 will include a write-up for a referral to access community services and the agency will be notified so it can contact the individual for things like counseling, tutoring, mentoring, and faith-based or other community initiatives. A third or subsequent warning for a person under 18 will include the same referral, but for both the parent and minor. |
New Mexico | 2021 (legal for adults 21 and up); 2019 (civil fine) | Adults 21+: no penalty for two ounces; 16 grams of concentrates, and 800 milligrams of edible cannabis; six mature and six immature plants Minors: Fine for up to a half an ounce or less | Adults 21+ no penalty Minors: four hours of community service or a free four-hour drug education and legal rights program | Same as first penalty | N/A for adults 21 and up For minors: non- criminal | L. 2021, 1st Sp. Sess., Ch. 4, § 25,§ 30 | Smoking cannabis in public is punishable by a $50 fine. |
New York | 2021 (legal for adults 21 and up); 1977, expanded in 2019 | Adults 21+: three ounces of cannabis and 24 grams of concentrates | Adults 21+: No penalty Under 21: A fine of up to $50 payable to the office of cannabis management | Same as first penalty | N/A for adults 21 and up; For minors: non- criminal | N.Y. Pen Law § 222.05; § 132 (4) | Minors found with cannabis will also be “provided with information related to the dangers of underage use of cannabis and information related to cannabis use disorder.” Adults 21 and older will be allowed to cultivate six mature plants and six immature plants at home after regulators set rules for it, which will be no later than 18 months after retail sales begin. |
North Carolina | 1977 | A half ounce or less | Up to a $200 fine, possible suspended sentence | Second to fifth offenses: up to $200 fine, 0-15 days in jail, suspended; on sixth offense, up to 20 days in jail, suspended at judges’ discretion | Criminal misdemeanor (Class 3) | N.C.G.S.A. § 90- 95 (d)(4) | Any sentence of imprisonment imposed must be suspended and the judge may not require that the defendant serve a period of imprisonment as a special condition of probation. |
North Dakota | 2019 | Up to half an ounce | For adults 21 and older: infraction, up to $1,000 fine | Third infraction within a year may become Class B misdemeanor, with up to 30 days in jail | Infraction | ND Cent. Code 19-03.1-23 | Paraphernalia is also decriminalized. The law classifies consumption of marijuana by a person under the age of 21 as a Class B misdemeanor. |
Ohio | 2023 | 2.5 ounces, 15 grams of concentrate | Adults 21 and older: no penalty; under 21: $150 fine | Adults 21 and older: no penalty; under 21: $150 fine | No penalty for adults; minor misdemeanor for minors | O.R.C. § 3780.36; 2925.11(c)(3) | Smoking or vaping cannabis while in a vehicle, streetcar, trackless trolley, bike, watercraft, or aircraft carries a $150 fine, as does using adult-use cannabis in public areas. |
Oregon | 2014 (legal for adults 21 and older); 1973 (fining possession) | For adults 21 and older: no penalty for up to eight ounces, four plants For those under 21: fine applies to less than one ounce | No penalty for adults 21 and older; $650 presumptive fine for those under 21 | Same as first offense | N/A for adults 21 and older; civil violation for others | OR Rev. Stat § 475.864 | In 2014, voters approved Measure 91 to legalize, regulate, and tax marijuana for adults’ use. It remains illegal to use marijuana in public. |
Rhode Island | 2022 | One ounce and up to five grams of concentrate; stored at home: up to 10 ounces | Adults 21 and older: no penalty; under 21: 17-20 year old, $150 civil fine plus drug-awareness program | Adults 21 and older: no penalty; under 21: Same | No penalty for adults; civil penalty for minors | R.I. Gen. Laws § 21-28-4.01 | In 2022, the legislature and governor approved an adult-use legalization law. Penalties for minors vary based on age and may include an appearance in family court, substance abuse treatment, and a fine. |
Vermont | 2018 (legal for adults 21 and up), 2013 | One ounce or less; up to five grams of hash | For adults, no penalty; if under 21, generally diversion | For adults, no penalty; if under 21, generally diversion | N/A for adults 21 and up; infraction for others | 18 V.S.A. § 4230a–b | In 2018, the legislature approved a law allowing adults to cultivate and possess limited amounts of marijuana. It does not include sales. It remains illegal to use marijuana in public or to have an open container in cars. |
Virginia | 2021 (legal for adults 21 and up); 2020 (civil fine) | Adults 21+: No penalty for up to one ounce of cannabis or the equivalent amount of products and up to four plants at primary residence | Minors in possession or exceeding limits but possessing under a pound: $25 fine | Same as first offense | N/A for adults 21 and up; civil offense for others | Virginia Acts of Assembly, 2021 special session, chapter 551; Code of Virginia 18.2- 250.1 | Bringing any cannabis into Virginia will be punishable by up to a year in jail, but there is a reenactment clause on it and many other provisions requiring a second vote in 2022. |
Washington | 2012 | Allows adults 21 and older to possess up to one ounce | No penalty for those 21 and older | No penalty for those 21 and older | N/A for those 21 and older; misdemeanor for those under 21 | RCW 69.50.325- 69.50.359 | In 2012, voters approved I-502 to legalize, regulate, and tax marijuana for adults’ use. The law does not allow public consumption or home cultivation. Possession by those under 21 remains a crime. |
Disclaimer: This chart is not intended for or offered for legal advice. It is for informational and educational purposes only. Please consult with an attorney licensed to practice in the state in question for legal advice