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 New Hampshire, marijuana is still classified as a controlled substance under federal law, which makes its possession, use, and distribution illegal according to 21 U.S.C. §812. However, New Hampshire has taken steps to allow limited use of medical marijuana. The state permits the use of marijuana to treat symptoms of illness and other medical conditions under its medical marijuana program. Qualifying patients with certain medical conditions can register with the state to obtain and use medical marijuana, typically in the form of cannabis-infused products like oils and pills, as the federal law prohibits health care practitioners from prescribing marijuana. Additionally, New Hampshire has decriminalized the possession of small amounts of marijuana, which means that while it remains illegal, possession of small quantities is not subject to jail or prison time but may result in a fine. The specific regulations regarding marijuana use, possession, and distribution can be found in the state's statutes, which may be located in the penal or criminal code, or in the health and safety code.