At the federal level, the use and possession of cannabis still stands as illegal. The federal government perceives cannabis as a Schedule I drug as classified by the Controlled Substance Act in 1970. This means that it is considered a drug with a high potential for abuse, and its medical value is not accepted. However, as the fight to legalize the growing and use of cannabis for medical and non-medical purposes intensifies across the country, the Department of Health and Human Services has made recommendations to group cannabis less strictly, which could be a huge relief for cannabis enthusiasts. Moreover, different states have enacted laws that allow the growth, possession, and use of cannabis in their individual states.
Current situation in the medical and recreational cannabis legalization landscape
The use of cannabis for its medicinal value has been embraced significantly across the United States. The state of California was legalized in 1996 for medical use, making it the first state to ever do so. Other states have followed suit over the years, embracing cannabis for both medical and recreational uses. Currently, the number of states that have legalized cannabis for medical use stands at 38, with the addition of four United States territories and the District of Columbia. Moreover, in states where medical cannabis is still illegal, some states permit the use of CBD products with low THC.
In addition, the use of recreational cannabis is increasingly being legalized. As of today, a total of 24 states, as well as the District of Columbia, have legalized cannabis for recreational use.
However, even with increased legalization of growing and consuming cannabis, the states that have legalized cannabis have done so with strict restrictions. Also, growing, possessing, and using cannabis for medical or non-medical use is restricted to 21 years of age where cannabis is legal.
State laws for growing cannabis at home
Though done under a strict and regulated landscape, most states that have legalized cannabis have allowed the cultivation of the plant. State laws differ from state to state, and any person interested in growing cannabis should carry out due diligence to ensure that he or she is doing so within the set rules.
The restrictions surrounding cannabis cultivation majorly lie in the number of plants permitted for each household as well as the individuals allowed to do so. For instance, the state of Alaska allows up to six plants for individual use. However, one shouldn’t have more than 3 plants that are mature.
Likewise, the state of Arizona also restricts the number of cannabis plants to six per household. However, in case a household has more than one adult, then cultivation of up to 12 plants is permitted. This also applies to a household where there is a resident living with a qualifying medical condition. However, the home must be over 25 miles from a licensed dispensary to cultivate that number of plants.
Unlike states that have allowed home cultivation of the plant, some states are yet to do so. Growing cannabis legally in New Jersey, for instance, can be an uphill task for individual residents as it is restricted to commercial cultivators. Individuals who would like to take a personal approach can only do so with commercial licensing. Moreover, the state has put in place hefty penalties and legal consequences for growing cannabis at home. Growing less than ten plants can result in a jail term of 3 to 5 years and a $25,000 fine, while between 10 and 49 plants can pose a 5 to 10 years jail term and $150,000 fine.
State laws for the possession and use of cannabis
While the use of cannabis is legalized in different states, the amount of cannabis in one’s possession varies from state to state. For instance, the residents of New Mexico are allowed to possess 2 ounces of cannabis for recreational use. However, the case is different for individuals who have a qualifying medical condition. The latter can possess 8 ounces of cannabis for use within a period of 90 days. Likewise, the state of Arizona permits up to one ounce of cannabis for recreation purposes. The residents with a qualifying condition are allowed to have up to two and a half ounces of medical cannabis within 14 days.
In other states, the rules governing the possession and use of cannabis are very strict compared to others. A good example is the state of Alaska, where one can only possess one ounce of cannabis, whether for recreational or medical use. Moreover, some other states prohibit the use and possession of cannabis for either recreation or medical use but allow the use of products that contain CBD. For instance, the state of Georgia legalized the use of CBD extracts for treating qualifying medical conditions in 2015. However, these products must not have more than 5% THC. In Idaho, CBD products are permitted for medical use. But unlike the state of Georgia, these products should contain zero percent of THC. Other states that restrict the use and possession of cannabis but allow the use of CBD products include Iowa, Kansas, and Indiana, among others.
In states where cannabis is legalized for medical use, possessing cannabis for recreational use attracts hefty penalties. Moreover, individuals found in possession of medical cannabis must produce a valid prescription from a qualifying medical facility. Some states where cannabis is legalized for medical use only include the states of Alabama, Florida, Louisiana, North Dakota, and Iowa, among others.
State laws for using cannabis in public
The use of cannabis is highly restricted in public places in many states where cannabis is legalized. It is illegal to use cannabis in areas such as restaurants, bars, and schools. Also, keeping in mind that cannabis is illegal on the federal level, it is illegal to use cannabis in national parks and the like. Moreover, moving around with cannabis requires the product to be in a sealed container or packaging.
Conclusion
Cannabis legalization in the U.S has achieved a significant milestone, with over 75% of the states having legalized the use and cultivation for either medical or recreational use. However, restrictions on the use and cultivation of the plant vary from state to state. For cannabis enthusiasts, it is important to understand the different laws around cannabis legalization in your state to avoid getting on the wrong side of the law.