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 Jersey, marijuana has been legalized for both medical and recreational use. Medical marijuana was first permitted in 2010 with the passage of the New Jersey Compassionate Use Medical Marijuana Act, allowing individuals with certain qualifying conditions to use marijuana for medicinal purposes. As for recreational marijuana, New Jersey voters approved a constitutional amendment in November 2020, which led to the enactment of laws legalizing and regulating cannabis for adults 21 and older. The New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, signed into law in February 2021, outlines the framework for the legal cannabis industry in the state. This law allows adults to possess up to six ounces of marijuana without facing criminal penalties. However, it is important to note that despite state-level legalization, marijuana remains illegal under federal law as classified by the Controlled Substances Act (21 U.S.C. §812). Therefore, there can be legal implications if federal law is enforced.