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 York, marijuana has been legalized for both recreational and medical use. Adults 21 years of age and older are allowed to possess and use marijuana. The state permits individuals to possess up to 3 ounces of cannabis and 24 grams of concentrated cannabis. Additionally, individuals can grow up to six plants at home for personal use, with a maximum of twelve plants per household. The law also includes provisions for the expungement of certain past marijuana convictions. For medical use, New York has a medical marijuana program that allows patients with qualifying conditions to obtain and use medical cannabis as recommended by a registered practitioner. This program includes various forms of cannabis, such as oils, tinctures, and capsules. While New York has its own regulations, it is important to note that marijuana remains illegal under federal law, which can lead to potential legal conflicts, especially on federal property or in federal cases.