Overview

This policy topic covers state statutes and regulations governing the cultivation, sale, possession, or use of cannabis for other than medical (hereafter referred to as “recreational”) purposes in states that have legalized cannabis.

In this context, “legalized" means that no civil or criminal penalties are imposed for the recreational use of cannabis by an adult. “Legalized” should not be confused with “decriminalized,” which means that no criminal penalties are imposed for certain activities, although some activities may result in civil penalties. Some States have decriminalized the recreational use of cannabis but have not fully legalized such use.

For purposes of this policy topic, “cannabis” refers to a genus of flowering plant of the Cannabaceae or hemp family, including Cannabis sativa, Cannabis indica, and Cannabis ruderalis, which together are also commonly known as marijuana. This policy topic covers legal provisions that pertain to the dried tops, leaves, stems, and seeds of the plant, as well as products derived from them, such as concentrates, oils, and edibles.

Cannabis contains chemical compounds called cannabinoids. One important cannabinoid is delta-9 tetrahydrocannabinol, or THC, which has a psychoactive effect and is the chemical commonly associated with recreational use. Another cannabinoid is cannabidiol, or CBD, which has a sedative and mildly analgesic effect and is the chemical often associated with medicinal use.

Note that APIS does not include information on the legal use of cannabis for medicinal purposes. For policy data regarding medical cannabis, researchers may wish to consult the National Institute on Drug Abuse’s “Prescription Drug Abuse Policy System,” available at: https://pdaps.org/ or the National Conference of State Legislatures’ “State Medical Marijuana Laws” page, available at: https://www.ncsl.org/health/state-medical-cannabis-laws.

Cannabis-impaired driving - Adults

Not all states that have legalized recreational cannabis have specified whether drivers can drive with THC in their bloodstreams. Among states that have prohibited impaired driving, many do not specify the THC limit for impairment while others have set the limit at 5 ng/mL. The other primary distinction among states is whether an evidentiary standard is specified in statute.  Among states that have an established THC limit, some are per se (not requiring any additional evidence beyond the THC level in bloodstream to establish a violation) while other jurisdictions with these limits do not apply a per se evidentiary standard.

Cannabis-impaired driving - Youth

The vast majority of states that have legalized recreational cannabis use do not have a specific prohibition on impaired driving among youth. 

Open Container

Among states that prohibit open containers, the definition of what constitutes a violation varies. Some states consider an open container as a receptacle with a broken seal that contains any cannabis; any evidence that cannabis was consumed in the car; or any cannabis transported in packaging other than it’s original, unsealed container in a location other than the trunk of the vehicle. Numerous states, however, do not specify an open container law as defined by APIS.

Explanatory Notes and Limitations Specifically Applicable to Recreational Use of Cannabis

1. The Recreational Use Legalized column displays a check mark for jurisdictions that have legalized the purchase, possession, or consumption of cannabis for recreational use by an adult resident. For purposes of this topic:

• "Legalized" means no civil or criminal penalties are imposed for at least one of following activities with respect to the recreational use of cannabis by an adult resident: purchase, possession, or consumption
• "Recreational" means for other than medical purposes
• "Adult" means a person 21 years of age or older

This topic does not address prohibitions or penalties that may exist in the jurisdictions that have not legalized recreational cannabis use as defined here.

Note that although a jurisdiction may have legalized recreational cannabis use as defined here, certain limitations may nevertheless be imposed, for example limits on the amount that a person may purchase or possess, or restrictions concerning the locations in which cannabis may be consumed. This topic does not currently address these limitations.

2. Some Recreational Use of Cannabis laws have different effective dates for various provisions. For example, the date establishing a licensing system for the cultivation, testing, manufacturing, processing, distribution, transportation, and retail sale of recreational cannabis may be a year or more earlier than the date when recreational cannabis may lawfully be sold to the public. If significant terms of a State's policy become effective on one date, even though full implementation or enforcement is not effective until a later date, the earlier date is displayed in the comparison tables. In such cases, a Row Note is included to indicate the date when the program is to be fully implemented and enforceable.

Explanatory Notes and Limitations for Cannabis Transportation

1. The Recreational Use Legalized column displays a check mark for jurisdictions that have legalized the purchase, possession, or consumption of cannabis for recreational use by an adult resident. For purposes of this topic:

• "Legalized" means no civil or criminal penalties are imposed for at least one of following activities with respect to the recreational use of cannabis by an adult resident: purchase, possession, or consumption
• "Recreational" means for other than medical purposes
• "Adult" means a person 21 years of age or older

This topic does not address prohibitions or penalties that may exist in the jurisdictions that have not legalized recreational cannabis use as defined here.

Note that, although a jurisdiction may have legalized recreational cannabis use as defined here, certain limitations may nevertheless be imposed. For example, limits on the amount that a person may purchase or possess, or restrictions concerning the locations in which cannabis may be consumed. This topic does not currently address these limitations.

2. Some Recreational Use of Cannabis laws have different effective dates for various aspects of the law. For example, the date establishing a licensing system for the cultivation, testing, manufacturing, processing, distribution, transportation, and retail sale of recreational cannabis may be a year or more earlier than the date when recreational cannabis may lawfully be sold to the public. If significant terms of a State's policy become effective on one date, even though full implementation or enforcement is not effective until a later date, the earlier date is displayed in the comparison tables. In such cases, a Row Note is included to indicate the date when the program is to be fully implemented and enforceable.

3. All states prohibit operating a vehicle while impaired or under the influence of intoxicating substances. However, the APIS treatment of Impaired Driving Prohibitions addresses only prohibitions that specifically reference cannabis or marijuana or THC. This review does not address statutory or regulatory provisions that prohibit operating a motor vehicle while "under the influence of an intoxicating substance" generally, or which prohibit youths from operating a motor vehicle while "under the influence of a controlled substance."

In addition, this review does not address the following issues related to impaired driving laws:

• Penalties for violations of impaired driving laws
• State and Federal laws related to enforcement of impaired driving laws
• Provisions covering enhanced sanctions for violators whose THC level exceeds a specified level that is higher than the legal limit
• Provisions related to repeat offenders
• Impaired driving laws applicable to operators of commercial motor vehicles or other forms of transportation such as snowmobiles, nonmotorized bicycles, or watercraft
• Federal law pertaining exclusively to the military or to military bases or military property
• Tribal law or other separate laws for Indian reservations. Approximately 200 tribes across the nation have jurisdiction and responsibility for laws affecting their reservations

4.  The APIS treatment of Open Container does not address: (a) Prohibitions on possession of recreational cannabis that apply only to underage persons; (b) Provisions that apply only to commercial or public vehicles, or to common carriers; (c) Provisions that prohibit only consumption of recreational cannabis in motor vehicles, or that prohibit only possession of an open container with the intent to consume or with evidence of having consumed recreational cannabis. Statutory or regulatory references to “passenger area” are interpreted as not including a locked glovebox or the area behind the last upright seat in a vehicle without a trunk. Accordingly, a provision that otherwise prohibits open containers in the passenger area but which allows an open container to be possessed in either of these locations would still be considered as prohibiting open containers.

Explanatory Notes and Limitations Applicable to All APIS Policy Topics

1. State law may permit local jurisdictions to impose requirements in addition to those mandated by State law. Alternatively, State law may prohibit local legislation on this topic, thereby preempting local powers. For more information on the preemption doctrine, see the About Alcohol Policy page. APIS does not document policies established by local governments.

2. In addition to statutes and regulations, judicial decisions (case law) also may affect alcohol-related policies. APIS does not review case law except to determine whether judicial decisions have invalidated statutes or regulations that would otherwise affect the data presented in the comparison tables.

3. APIS reviews published administrative regulations. However, administrative decisions or directives that are not included in a State's published regulatory codes may have an impact on implementation. This possibility has not been addressed by the APIS research.

4. Statutes and regulations cited in tables on this policy topic may have been amended or repealed after the specific date or time period specified by the site user's search criteria.

5. The operation or enforcement of statutes or regulations affecting the policies addressed on APIS may have been suspended or modified by executive or administrative orders issued in response to the COVID-19 pandemic.  With the exception of the COVID-19 Digest and Dataset, APIS research does not address these orders or the effects they may have on the policies covered by APIS.

6. Policy changes in APIS are presented as of the date these changes take effect as law. Users should be aware that in some situations there may be a delay between the effective date of a law and the time a corresponding policy change occurs in practice. Because APIS research is based entirely on primary legal source materials (codified statutes and regulations and, on rare occasions, published court opinions), APIS is unable to accurately determine when policy changes may appear in practice.

7. If a conflict exists between a statute and a regulation addressing the same legal issue, APIS coding relies on the statute.

8. A comprehensive understanding of the data presented in the comparison tables for this policy topic requires examination of the applicable Row Notes and Jurisdiction Notes, which can be accessed from the body of the table via links in the Jurisdiction column.

APIS reviews federal law pertaining to the use of cannabis, including its classification as a Schedule I substance under the Controlled Substances Act of 1970. Discussion of this law and its implications, as well as the interplay of federal law and state law on cannabis, is available at this link.

FEDERAL CITATIONS AND RELEVANT TEXT EXCERPTS

21 U.S.C. § 812

§ 812. Schedules of controlled substances

(a) Establishment

There are established five schedules of controlled substances, to be known as schedules I, II, III, IV, and V. Such schedules shall initially consist of the substances listed in this section. * * *

21 U.S.C. § 841

§ 841. Prohibited acts A

(a) Unlawful acts

Except as authorized by this subchapter, it shall be unlawful for any person knowingly or intentionally--

(1) to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance; or

(2) to create, distribute, or dispense, or possess with intent to distribute or dispense, a counterfeit substance.

21 U.S.C. § 844

§ 844. Penalties for simple possession

(a) Unlawful acts; penalties

It shall be unlawful for any person knowingly or intentionally to possess a controlled substance unless such substance was obtained directly, or pursuant to a valid prescription or order, from a practitioner, while acting in the course of his professional practice, or except as otherwise authorized by this subchapter or subchapter II of this chapter. * * *

* * *

21 U.S.C. § 846

§ 846. Attempt and conspiracy

Any person who attempts or conspires to commit any offense defined in this subchapter shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy.

Source for all citations on this page: www.govinfo.gov/, a service of the U.S. Government Publishing Office (GPO). Excerpts from the United States Code are current as of 2024. Excerpts from the Code of Federal Regulations are current as of 2025. Excerpts from Public Laws of Congress are current as of the year of enactment. The GPO’s Public Domain & Copyright Notice is available at https://www.govinfo.gov/about/policies#copyright.

Legalization

1. Carlini, B. H., Kellum, L. B., Garrett, S. B., & Nims, L. N. (2024). Threaten, Distract, and Discredit: Cannabis Industry Rhetoric to Defeat Regulation of High-THC Cannabis Products in Washington State. Journal of studies on alcohol and drugs, 85(3), 322-329.
2. Schauer, G. L., Johnson, J. K., Rak, D. J., Dodson, L., Steinfeld, N., Sheehy, T. J., ... & Collins, S. P. (2023). A research agenda to inform cannabis regulation: how science can shape policy. Clinical therapeutics, 45(6), 506-514.

Cannabis Transportation Restrictions

1. Asbridge, M., & Brubacher, J. (2024). Cannabis and alcohol involvement in motor vehicle crashes: reflections in the era of legalization. American journal of public health, 114(6), 550-552.
2. Boicu, B., Al-Hakim, D., Yuan, Y., & Brubacher, J. (2024). Attitudes toward driving after cannabis use: A systematic review and meta-analysis. Transportation Research Part F: Traffic Psychology and Behaviour, 106, 418-430.
3. Di Ciano, P., Rajji, T. K., Hong, L., Zhao, S., Byrne, P., Elzohairy, Y., ... & Le Foll, B. (2024). Cannabis and driving in older adults. JAMA network open, 7(1), e2352233-e2352233.
4. Hultgren, B. A., Calhoun, B. H., Fleming, C. B., Lyons, V. H., Rhew, I. C., Larimer, M. E., ... & Guttmannova, K. (2024). Young adult alcohol and cannabis impaired driving after the opening of cannabis retail stores in Washington State. Prevention science, 1-11.
5. Myers, M. G., Bonar, E. E., & Bohnert, K. M. (2023). Driving under the influence of cannabis, alcohol, and illicit drugs among adults in the United States from 2016 to 2020. Addictive behaviors, 140, 107614.
6. Myran, D. T., Gaudreault, A., Pugliese, M., Manuel, D. G., & Tanuseputro, P. (2023). Cannabis-involved traffic injury emergency department visits after cannabis legalization and commercialization. JAMA network open, 6(9), e2331551-e2331551.
7. Noel, J. K., Rosenthal, S. R., Edwards, Z. C., & Palmieri, K. A. (2024). Digital alcohol and cannabis ads, consumption frequency, and driving under the influence. Journal of Studies on Alcohol and Drugs, jsad-23.
8. Zhao, S., Brands, B., Kaduri, P., Wickens, C. M., Hasan, O. S. M., Chen, S., ... & Di Ciano, P. (2024). The effect of cannabis edibles on driving and blood THC. Journal of cannabis research, 6(1), 26.

Cannabis Policy Taxonomy

How to Measure Law for Quantitative Research – A Resource Guide 

Sources of Data to Measure the Outcomes of Policy Change

Report to Congress on the Prevention and Reduction of Underage Drinking 

Peer-Reviewed Publications Using APIS Data 

Federal Cannabis Law