Marijuana—also known as marihuana or cannabis—is classified as a controlled substance under federal law, and its possession, use, and distribution is illegal. See 21 U.S.C. §812.

But many states have recently passed laws that generally legalize marijuana in some form. For example, Alaska, California, Colorado, Illinois, Maine, Massachusetts, Michigan, Nevada, Oregon, Vermont, and Washington have enacted laws legalizing marijuana for recreational use.

The District of Columbia allows all citizens over the age of 21 to possess up to two ounces of marijuana, to use and grow marijuana on private property, and to exchange marijuana between persons as long as no money, goods, or services are exchanged.

And some states that do not allow recreational use of marijuana do allow limited use of marijuana to treat symptoms of illness and other conditions—known as medical marijuana. States that allow limited use of medical marijuana include Arkansas, Arizona, Connecticut, Delaware, Florida, Hawaii, Louisiana, Maryland, Massachusetts, Minnesota, Missouri, Montana, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, Utah, Vermont, and West Virginia. The medical marijuana laws in some of these states are broader than others, with some states only allowing use of cannabis-infused products such as oils and pills. Federal law prohibits health care practitioners from writing a prescription for medical marijuana, so practitioners in medical marijuana states write a recommendation for medical marijuana.

Other states have not legalized marijuana, but have decriminalized it—meaning possession of small amounts of marijuana is not punishable by jail or prison time, but may be punished with a fine. States that have decriminalized possession of marijuana under limited circumstances include Connecticut, Maryland, Mississippi, Nebraska, New Hampshire, New Mexico, New York, North Carolina, and Virginia.

Marijuana laws are generally located in a state’s statutes—often in the penal or criminal code, or in the health and safety code.

In Michigan, marijuana for recreational use is legal under state law. Adults 21 years and older are allowed to possess and use marijuana, and they can also grow a limited number of plants for personal use. This was established through the Michigan Regulation and Taxation of Marihuana Act, which voters passed in November 2018. However, it is important to note that despite state legalization, marijuana remains a controlled substance under federal law (21 U.S.C. §812) and its possession, use, and distribution are still illegal federally. This creates a complex legal landscape where state and federal laws conflict. In Michigan, businesses that wish to cultivate, process, or sell marijuana must obtain licenses from the state. The use of marijuana in public places remains illegal, and driving under the influence of marijuana is a punishable offense. Additionally, employers in Michigan are not required to accommodate the use or possession of marijuana in the workplace.