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 Rhode Island, marijuana is legalized for both medical and recreational use. Medical marijuana has been legal since 2006, allowing patients with qualifying conditions to use marijuana for treatment as recommended by a physician. The state has a medical marijuana program that includes dispensaries, also known as compassion centers. As for recreational use, Rhode Island legalized it in May 2022, permitting adults 21 and older to possess and use marijuana. Adults are allowed to possess up to one ounce of marijuana in public and can grow a limited number of plants for personal use at home. The sale of recreational marijuana is regulated, and retail sales are expected to begin, following the establishment of a regulatory framework. Despite state-level legalization, it is important to note that under federal law, as per 21 U.S.C. §812, marijuana remains classified as a controlled substance, and its possession, use, and distribution are illegal. However, federal law enforcement has generally not prioritized prosecuting individuals who comply with state marijuana laws.