Marijuana Legalization by State - Info Cubic

[Pages:13]Marijuana Legalization by State

Medical and Recreational

Revised February 2022

What are the marijuana laws in your state?

Marijuana laws are changing at a rapid pace across the United States. To keep up with the ever-changing laws, Info Cubic has compiled information to explain the different regulations in each state. Since marijuana laws vary so much across the 50 states, it's important to understand all the regulations, regardless of if you are a resident or are traveling to the state.

IS MARIJUANA LEGAL IN YOUR STATE? As of January 2022, recreational marijuana is legal in eighteen states and Washington, DC, for adults over the age of 21. Medical marijuana is also legal in in some capacity in numerous other states.

States that have not broadly legalized Marijuana for

medical or recreational use (not including oils):

States that have legalized medical marijuana but have

not broadly legalized marijuana for recreational

use.

Marijuana is currently legal for recreational use:

Alabama, Idaho, Florida*, Georgia*, Indiana, Iowa*, Kansas,

Kentucky*, Nebraska, Tennessee*, Texas, Wyoming

Arkansas, Delaware, Hawaii, Louisiana, Maryland, Minnesota,

Mississippi, Missouri, Nevada, New Hampshire, North Carolina*, North Dakota, Ohio, Oklahoma,

Oregon, Pennsylvania, Rhode Island, South Carolina*, Utah, Vermont, Washington, West

Virginia, Wisconsin

Alaska, Arizona, California, Colorado, Connecticut, Illinois,

Maine, Massachusetts, Michigan, Montana, Nevada, New Jersey, New Mexico, New York, Oregon, South Dakota, Vermont, Virginia, Washington,

District of Columbia

* Restricted use of medical marijuana

Revised February 2022

Breakdown by State:

State Name Alabama

Litigation

Medical Use: Alabama's SB 46 allows registered patients to use and safely access medical cannabis. The bill was signed into law on May 17, 2021. Recreational Use: Marijuana is not legal for recreational use in Alabama.

Alaska Arizona Arkansas California

Medical Use: Effective: Mar. 4, 1999 "Medical Uses of Marijuana for Persons Suffering from Debilitating Medical Conditions Act," removed state-level criminal penalties for the use, possession, and cultivation of marijuana by individuals who possess written documentation from their physician advising that they "might benefit from the medical use of marijuana."

Recreational Use: On November 4, 2014, the law made the use of marijuana legal for persons 21 years of age or older. It also allowed a person to possess, use, show, buy, transport, or grow set amounts of marijuana, with the growing subject to certain restrictions.

Medical Use: The use of marijuana for medical purposes has been authorized in Arizona, and discipline for a positive test for medical marijuana patients is limited. Employer may not discriminate based on status as medical marijuana user in Arizona. A positive test alone is not proof of being under the influence.

Recreational Use: Marijuana in Arizona is legal for recreational use following a 2020 initiative to legalize it (Proposition 207, the Smart and Safe Act).

Medical Use: This state's legislature has authorized the medical use of marijuana. The law prohibits employers from discriminating against individuals with past or present status as a patient or caregiver.

Recreational Use: No law currently exists in Arkansas authorizing personal use of marijuana.

Medical Use: The Compassionate Use Act of 1996 as amended has been found by the California Supreme Court not to apply to the workplace.

Recreational Use: On November 8, 2016, the law specifically provides that employers have the right to maintain a drug and alcohol-free workplace and does not require an employer to accommodate the use, consumption, possession, transfer, display, transportation, sale, or growth of marijuana in the workplace. The law further states that it does not affect the ability of employers to have policies prohibiting the use of marijuana by employees and prospective employees or prevent employers from complying with state or federal law.

Revised February 2022

Colorado Connecticut Delaware

Florida Georgia

Medical Use: Effective June 1, 2000. authorizing the use of medical marijuana for certain patients.

Recreational Use: On November 6, 2012, the legalization of the personal use of marijuana for adults. Nothing is intended to require an employer to permit or accommodate the use, consumption, possession, transfer, display, transportation, sale or growing of marijuana in the workplace or to affect the ability of employers to have policies restricting the use of marijuana by employees.

Medical Use: The use of marijuana for medical purposes has been authorized in Connecticut, and discipline for a positive test for medical marijuana patients is limited. Employer may not discriminate based on status as medical marijuana user in Connecticut.

Recreational Use: Governor Ned Lamont signed a law that legalized recreational marijuana for anyone over the age of 21 as of July 1, 2021.

Medical Use: The use of marijuana for medical purposes has been authorized in Delaware, and discipline for a positive test for medical marijuana patients is limited. Employer may not discriminate based on status as medical marijuana user. A positive test alone is not proof of being under the influence.

Recreational Use: Cannabis in Delaware is illegal for recreational use, though decriminalized for possession of small amounts. There has been no effort to-date to pass legislation permitting personal use of marijuana.

Medical Use: The new law became effective January 3, 2017. Actual use of medical marijuana will take some time as regulations need to be issued and the network available to distribute marijuana to qualified patients must be established.

Recreational Use: There is no effort to date to pass legislation permitting personal use of marijuana.

Medical Use: On March 15, 2015, the Georgia legislature authorized the use of cannabidiol (CBD) under strict guidelines. The employer restrictions indicate that the law will have no impact on the workplace.

Recreational Use: There is no known effort to pass a personal use law in Georgia.

Hawaii

Medical Use: Be sure that when dealing with the medical marijuana issues, your company's drug and alcohol testing policy and procedures meet other applicable state requirements, if any. The law does not specify restrictions for employers ? it limits authorized use by stating: 329-122 Medical use of marijuana; conditions of use.

Recreational Use: There are several efforts underway to pass legislation permitting personal use of marijuana, but none have been passed yet.

Revised February 2022

Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana

Medical Use: Regarding medical marijuana, no official action has been taken by the state legislature, no voter initiatives have been put to a vote, and no court action on the subject has been taken.

Recreational Use: Recreational use of marijuana is a criminal offense in Idaho.

Medical Use: In August 2013, the "Compassionate Use of Medical Cannabis Pilot Program Act," was signed by the Governor, which legalized the cultivation, sale, and use of medical marijuana in the state.

Recreational Use: Illinois legalized recreational marijuana for adult use on January 1, 2020. As of January 1, 2020, consumers can buy marijuana for recreational use from licensed sellers, medical marijuana dispensaries are the only legal sellers of marijuana for recreational use.

Medical Use: The law will have no impact on the workplace. The law, which authorizes the limited use of the non-psychoactive derivative Cannabis (CBD) to treat certain diseases, will likely not have any impact in a daily workplace setting.

Recreational Use: There is no personal use law in Indiana and it is illegal to possess any amount of Cannabis.

Medical Use: Medical marijuana is illegal in Indiana. State law only allows for CBD products with less than .3% THC for medicinal purposes.

Recreational Use: Iowa does not currently have legislation permitting personal use of marijuana.

Medical Use: To date, no official action has been taken by the state legislature and no court has focused on this issue for this state.

Recreational Use: To date, no official action has been taken by the state legislature, and no court has focused on this issue for this state.

Medical Use: On April 10, 2014, Governor Beshear signed into law SB 124 redefining the term "marijuana" under the state's criminal code, to exclude "the substance cannabidiol when transferred, dispensed, or administered pursuant to the written order of a physician practicing at a hospital or associated clinic affiliated with a Kentucky public university having a college or school of medicine."

Recreational Use: This state does not currently have legislation permitting personal use of marijuana.

Medical Use: Lawmakers have steadily widened the rules for Louisiana's medical marijuana program since 2015. New legislation enacted in January 2022 allows for raw marijuana in smokable, which is anticipated to be less expensive for patients.

Revised February 2022

Recreational Use: The overall state of Louisiana has not approved marijuana for personal use; however, in July 2021, the governor of Louisiana signed a bill to decriminalize marijuana possession.

Maine

Medical Use: The "Maine Medical Use of Marijuana Act." Rights of persons or entities acting pursuant to this chapter. A person whose conduct is authorized under this chapter may not be denied any right or privilege or be subjected to arrest, prosecution, penalty or disciplinary action, including but not limited to a civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for lawfully engaging in conduct involving the medical use of marijuana authorized.

Recreational Use: Maine voters decided to allow individuals 21 years of age or older to possess up to 2.5 ounces (70 grams) of marijuana.

Maryland

Medical Use: Medical marijuana was legalized in Maryland in 2014 when House Bill 881 was signed into law.

Recreational Use: A new marijuana law decriminalizes the possession of small amounts of marijuana, making possession of less than 10 grams of marijuana a civil offense punishable by a fine of up to $100 for a first offense, up to $250 for a second offense, and up to $500 for subsequent offenses.

Massachusetts

Medical Use: The law went into effect January 1, 2013 and is codified at St. 2012, c. 369. The voter initiative and enabling law (M.G.L. Chapter 369, Sec. 7, D) do not specify restrictions for employers, but they do state: Nothing in this law requires any accommodation of any on-site medical use of marijuana in any place of employment, school bus or on school grounds, in any youth center, in any correctional facility, or of smoking medical marijuana in any public place.

Recreational Use: Massachusetts allows individuals that are at least 21 years old to use, grow, and possess marijuana.

Michigan

Medical Use: The medical use of marijuana is allowed under state law to the extent that it is carried out in accordance with the provisions of this act. The law only briefly mentions the workplace and only to say that employers need not accommodate medical marijuana use in the workplace. It also states that insurance providers need not reimburse the cost of medical marijuana.

Recreational Use: In November of 2018, Michigan legalized recreational cannabis.

Minnesota

Medical Use: On May 29, 2014, the Governor signed into law legislation permitting medical use of marijuana. Law specifically states that employers may not discriminate against a qualified person due to their status as a qualified patient or a positive drug test alone.

It is advisable to have a company substance abuse testing policy that is clear and completely informs employees what the rules are of your workplace. Employers must

Revised February 2022

Mississippi

consult with their appropriate advisors to determine to impact of the Minnesota medical marijuana use law on their testing policies and procedures. Recreational Use: Previous attempts to legislate personal use of marijuana in Minnesota have failed.

Medical Use: SB 2095, known as the "Mississippi Medical Cannabis Act," (the Act) permits the use of medical cannabis for several debilitating medical conditions. Recreational Use: Mississippi does not have a personal use law at this time.

Missouri Montana Nebraska Nevada

Medical Use: In 2018, Missouri voters passed an amendment that legalized medical marijuana. Missouri opened its first medical marijuana dispensary in 2020.

Recreational Use: Cannabis recreational use in Missouri is illegal although there is an initiative (Legal Missouri 2022) to legalize it.

Medical Use: The law has been renamed the Montana Medical Marijuana Act. The requirements are that medical marijuana providers have no more than three patients and the state review physicians who prescribe marijuana to more than twenty-five patients per year. The measure allowed physicians to prescribe marijuana for patients diagnosed with chronic pain or post-traumatic stress disorder.

Recreational Use: As of January 1, 2021, it is legal for people 21 and older to possess and use up to one ounce of marijuana or eight grams of marijuana concentrates for recreational use. Adult-use sales may occur starting in January 2022. However, in counties where the majority of voters opposed Initiative 190, adult-use marijuana sales will remain prohibited

Medical Use: To date, no official action has been taken by the state legislature, no voter initiatives have been put to a vote, and no court action on the subject has been taken.

Recreational Use: To date, no official action has been taken by the state legislature, no voter initiatives have been put to a vote, and no court action on the subject has been taken.

Medical Use: Companies will abide by the requirements under the Nevada Medical Marijuana law that has been approved The law requires employers to attempt to make reasonable accommodations for the medical needs of an employee who engages in the medical use of marijuana if the employee holds a valid registry identification card, provided that such reasonable accommodation would not pose a threat of harm or danger to persons or property or impose an undue hardship on the employer prohibit the employee from fulfilling any and all of his or her job responsibilities.

Recreational Use: Th law is designed to allow adults aged 21 or older to possess, consume, and cultivate some marijuana for recreational purposes. "The measure authorized the operation of marijuana establishments. It authorized the Nevada Department of Taxation

Revised February 2022

to regulate them. The measure mandated that for the first 18 months of licensing, the Department of Taxation would only accept license applications for marijuana stores, production facilities, and cultivation facilities from registered medical marijuana establishments. During the same period, only registered wholesale liquor dealers would be permitted to apply for marijuana distributor licenses."

New Hampshire Medical Use: Governor Hassan signed HB 573-FN (Ch. 126-X:1 to 11) July 23, 2013 establishing the "Therapeutic Use of Cannabis Program." The law does not restrict employer action.

Recreational Use: There are several efforts under way to pass legislation permitting personal use of marijuana but is not legal at this time.

New Jersey

Medical Use: The law does not restrict employer action. Nothing in this act shall be construed to require a government medical assistance program or private health insurer to reimburse a person for costs associated with the medical use of marijuana, or an employer to accommodate the medical use of marijuana in any workplace.

Recreational Use: New Jersey's state constitution was amended to make recreational marijuana use lawful, providing regulatory authority to Cannabis Regulatory Commission effective 01/01/2021. However, authority must be authorized by "law enacted by Legislature." The New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (NJCREAMMA) addresses non-discrimination in employment based on use, requiring application of rational basis standard to each position with testing procedures updated accordingly. Employees are prohibited from using, possessing and impairment while on the job.

New Mexico

Medical Use: The law only briefly mentions the workplace and only to limit qualified patient use. Prohibitions, restrictions, and limitations on the medical use of cannabis; criminal penalties. Participation in a medical use of cannabis program by a qualified patient or primary caregiver does not relieve the qualified patient or primary caregiver. It is advisable to have a company substance abuse testing policy that is clear, and completely informs employees what the rules are for your workplace.

Recreational Use: Adults 21 and older are currently able to possess up to two ounces of cannabis and grow up to six mature plants for personal use under a law that was enacted in 2021. However, officials must still develop regulations for the commercial market.

New York

Medical Use: Medical cannabis has been legally available to New Yorkers through the State's medical marijuana program since 2014. Medical cannabis is legal for those who have a certification from specially licensed medical care providers for certain medical conditions.

New York City employers and employment agencies are prohibited from requiring a job applicant to complete a marijuana test as a condition of employment. There are some job positions that are excluded from the new law which include: Safety sensitive positions, Federal and State contractors, and/or agents. This requirement does not apply to law

Revised February 2022

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