Laws are constantly shifting and changing across the United States, so it can be quite a challenge to keep track of how many states have medical marijuana. As of June 2021, a full 36 states allow for the legal possession and use of medical marijuana for a variety of medical conditions. Products are only available from a medical dispensary, and purchases are limited to those with medical marijuana cards. Twelve additional states have restricted medical marijuana to CBD-only products with strict limits on THC content and prohibited the use of recreational cannabis altogether. Seventeen states and The District of Columbia have medical marijuana programs and legalized recreational cannabis for adult use. Show
But what’s the difference between medical vs. recreational cannabis? First and foremost, the purpose of the product. Medical marijuana is used for medicinal purposes. Recreational cannabis is used primarily for leisure by adults. The key differences when comparing medical vs recreational are potency, age, purchase, and possession quantities, taxation rates, and the legal number of plants allowed for cultivation.
Although both recreational and medical marijuana come from the exact same cannabis plant, for legal and taxation purposes, they are classified differently. Find out what the difference between medical and recreational weed is below. 1. What is “Regular” Marijuana?Regular marijuana is used for recreational and social purposes without medical justification. Adults ages 21+ in 18 US states, plus Washington DC, Northern Mariana Islands, and Guam, can possess state determined legal amounts of marijuana for consumption on private property. 2. What is Medical Marijuana?Medical marijuana is prescribed by a healthcare provider for the purpose of treating a qualifying condition to alleviate any associated symptoms. Medical marijuana users require a medical diagnosis and doctor’s recommendation. Qualifying conditions vary state by state. 3. Different Effects of Medical vs. Recreational MarijuanaWhile medical vs. recreational weed are often the exact same, the main differentiator between cannabis products are the levels of THC, CBD, and presence of terpenes. Different forms of marijuana, such as edibles, tinctures, smokable flower, high potency concentrates, topicals, and more, will also produce varying effects. 3.1. THC & CBD LevelsCBD, a non-intoxicating cannabinoid, assists with managing pain, inflammation, and anxiety. CBD has been popular for users with chronic pain, epilepsy, PTSD, Crohn’s disease, multiple sclerosis, and opioid addiction. THC, a mind-altering cannabinoid, has been used by patients with insomnia, anorexia, nausea, and more. Marijuana product options include high CBD/low or no THC, hybrid with equal amounts of THC/CBD, and high THC/low or no CBD. If you are a medical marijuana patient, talk to your healthcare provider about which types of products would most suit your needs. For recreational users, talk to your local budtender for product recommendations. 3.2. Ease of Access & AvailabilityTo find medical or recreational dispensaries in your area, check out weedmaps. 3.3. QualityNot every state requires testing of medical or recreational marijuana for contaminants. To be sure, look for proof of testing on products before purchasing, or ask your local dispensary for more details. 3.4. The Difference in Shopping ExperiencesMedical marijuana patients in the United States often, but not always, have lower or zero marijuana taxes on their purchases made at state licensed dispensaries, are allowed to possess higher quantities of marijuana, and are allowed to purchase more marijuana compared to recreational users. When shopping, you will either need to provide a state license/passport to show proof of age, and/or a state medical marijuana license. 3.5. State by State Recreational vs. Medical Marijuana LawsNavigating the laws surrounding medical & recreational marijuana can vary widely from state to state. To make life a little easier for you, we’ve compiled a list of what you need to know about recreational + medical marijuana use in the United States. Currently, adult-use marijuana consumption by those ages 21+ is permitted in Alaska, Arizona, California, Colorado, Connecticut, Guam, Illinois, Maine, Massachusetts, Michigan, Montana, Nevada, New Jersey, New Mexico, New York, Northern Mariana Islands, Oregon, Vermont, Virginia, Washington, and Washington DC. See below for state specific regulations between medical vs. recreational marijuana. 1. Alaska Marijuana Laws.Recreational Marijuana Use in Alaska
Medical Marijuana Use in Alaska
In Alaska it is illegal to:
For more information on Alaska’s marijuana regulations, visit dhss.alaska.gov or read through the responsible consumer fact book. 2. Arizona Marijuana Laws.Recreational Marijuana Use in Arizona
Medical Marijuana Use in Arizona
In Arizona it is illegal to:
For more information on Arizona’s marijuana regulations, visit the Arizona Department of Health Services. 3. California Marijuana Laws.Recreational Marijuana Use in California
Medical Marijuana Use in California
In California it is illegal to:
For more information on California’s marijuana regulations, visit the Department of Cannabis Control. 4. Colorado Marijuana Laws.Recreational Marijuana Use in Colorado
Medical Marijuana Use in Colorado
In Colorado it is illegal to:
For more information on Colorado’s marijuana regulations, visit the Colorado Department of Public Health and Environment site. 5. Connecticut Marijuana Laws.Recreational Marijuana Use in Connecticut
Medical Marijuana Use in Connecticut
In Connecticut it is illegal to:
Marijuana Doctor offers telemedicine services for those interested in applying for a Connecticut Medical Marijuana Card. The total cost of a new patient certification is $179 and recertification is $149 ($100 State application fee is not included). Our consultations are Risk-Free and if the physician determines that you do not qualify – you don’t pay! For more information on Connecticut’s recreational and medical marijuana regulations, visit Connecticut’s official state website. 6. Guam Marijuana Laws.Legal Recreational Marijuana Use in Guam
Medical Marijuana Use in Guam
For more information on Guam’s marijuana regulations, visit the Cannabis Control Board (CCB) site. 7. Illinois Marijuana Laws.Legal Recreational Marijuana Use in Illinois From January 1, 2020 onwards, adults 21+ can legally purchase, consume, & possess cannabis for personal use. One thing to note in Illinois is that the possession limits vary between residents and non-residents.
Medical Marijuana Use in Illinois:
In Illinois it is illegal to:
For more information on Illinois’s marijuana regulations, visit the Chicago government website. 8. Maine Marijuana Laws.Recreational Marijuana Use in Maine Adult-use became legal from November 8, 2016 onwards.
Medical Marijuana Use in Maine
In Maine it is illegal to:
For more information on Maine’s marijuana regulations, visit the Maine Legislature webpage. 9. Massachusetts Marijuana LawsRecreational Marijuana Use in Massachusetts
Medical Marijuana Use in Massachusetts
Please note there are no longer any registration or renewal fees associated with applying for a Massachusetts Medical Use of Marijuana Program registration card. For more information on Massachusetts’s marijuana regulations, visit the Massachusetts government website. 10. Michigan Marijuana LawsRecreational Marijuana Use in Michigan
Medical Marijuana Use in Michigan
In Michigan it is illegal to:
For more information on Michigan’s marijuana regulations, visit the Michigan Marijuana Regulatory Agency. 11. Montana Marijuana LawsRecreational Marijuana Use in Montana
Medical Marijuana Use in Montana
For more information on Montana’s marijuana regulations, visit the Montana Department of Revenue site or read the House Bill (HB) 701. 12. Nevada Marijuana LawsRecreational Marijuana Use in Nevada
Medical Marijuana Use in Nevada
In Nevada it is illegal to:
For more information on Nevada’s marijuana regulations, visit the State of Nevada Cannabis Compliance Board website. 13. New Jersey Marijuana LawsRecreational Marijuana Use in New Jersey From February 22, 2021, regulated cannabis became legal, effective immediately.
Medical Marijuana Use in New Jersey Unless visibly impaired while driving, New Jersey police are also no longer able to stop and search individuals based upon the smell of marijuana or are to use trained K9s to detect marijuana (unless the marijuana is in such large quantities as for distribution/selling purposes). For more information on New Jersey’s regulations, read the personal use cannabis rules defined by the New Jersey Cannabis Regulatory Commission. 14. New Mexico Marijuana LawsRecreational Marijuana Use in New Mexico
Medical Marijuana Use in New Mexico
For more detailed information on marijuana laws in New Mexico, please visit the New Mexico Regulation & Licensing Department website. 15. New York Marijuana LawsRecreational Marijuana Use in New York
Medical Marijuana Use in New York
Marijuana Doctor offers telemedicine services for those interested in applying for a New York medical marijuana card. Click here to speak to one of our medical marijuana practitioners online. If you qualify, our physician will provide you with a certification that may be used the same day at a nearby medical cannabis dispensary. After your online certification is approved, the NY State Health Department will mail you an official medical marijuana card within 7 days. For more detailed information on marijuana laws in New York, please visit the New York State Office of Cannabis Management website. 16. Oregon Marijuana LawsRecreational Marijuana Use in Oregon
Medical Marijuana Use in Oregon
For more information on Oregon’s marijuana regulations, visit the Oregon Liquor & Cannabis Commission site. 17. South Dakota Marijuana LawsRecreational Marijuana Use in South Dakota - To Be Determined
Medical Marijuana Use in South Dakota
For more information on South Dakota’s medical marijuana program, visit the Medical Cannabis in South Dakota website. 18. Vermont Marijuana LawsRecreational Marijuana Use in Vermont
Medical Marijuana Use in Vermont
For more information, please visit the State of Vermont Cannabis Control Board. 19. Virginia Marijuana LawsRecreational Marijuana Use in Virginia
Medical Marijuana Use in Virginia
In Virginia it is illegal to:
For more information, please visit the Cannabis Control Authority site. 20. Washington Marijuana LawsRecreational Marijuana Use in Washington
Medical Marijuana Use in Washington
In Washington it is illegal to:
Please note that many cannabis retail stores in Washington only accept cash payment. For more information, please visit the Washington State Liquor & Cannabis Board site. 21. Washington, D.C. Marijuana LawsRecreational Marijuana Use in Washington, D.C.
Medical Marijuana Use in Washington, D.C.
In Washington, D.C. it is illegal to:
3.6. Marijuana TaxesMedical Marijuana Tax in Alaska: Sales tax exempt Recreational Marijuana Tax in Alaska: No statewide tax, 5% local excise tax in Anchorage, Fairbanks, Ketchikan, & Mat-Su Borough, 3% excise tax in Juneau For more information visit the Alaska Department of Revenue. Medical Marijuana Tax in Arizona: No additional tax Recreational Marijuana Tax in Arizona - 16% excise tax For more information visit the Arizona Department of Health Services. Medical Marijuana Tax in California - 15% excise tax Recreational Marijuana Tax in California - 15% excise tax Medical Marijuana Tax in Colorado - 2.9% state sales tax + local tax (if applicable) Recreational Marijuana Tax in Colorado - 15% state sales tax + local tax (if applicable) For more information visit the Colorado General Assembly website. Medical Marijuana Tax in Connecticut - Sales tax exempt Recreational Marijuana Tax in Connecticut - 6.35% state sales tax + 3% town/city sales tax + 10-15% THC tax of sales price, total is roughly 20% For more information visit the Connecticut Official State website. Medical Marijuana Tax in Guam - Sales tax exempt Recreational Marijuana Tax in Guam - Sales tax exempt In Guam, marijuana taxes are paid by cultivation operations. For more information visit the Guam Department of Revenue and Taxation. Medical Marijuana Tax in Illinois - 1% state sales tax Recreational Marijuana Tax in Illinois - 6.25% state sales tax + local taxes up to 3.5% + additional tax dependent on the product purchased: 10% tax on flower/products with less than 35% THC, 25% tax on products with 35% & above THC content, 20% tax on cannabis infused products For more information visit the Illinois Department of Revenue. Medical Marijuana Tax in Maine - 5.5% state sales tax, 8% for edibles Recreational Marijuana Tax in Maine - 10% sales tax For more information visit the Maine Legislature site. Medical Marijuana Tax in Massachusetts - Sales tax exempt Recreational Marijuana Tax in Massachusetts - 6.25% sales tax + 10.75% excise tax + up to 3% local excise tax For more information visit the Massachusetts Department of Revenue site. Medical Marijuana in Michigan - 6% sales tax Recreational Marijuana in Michigan - 10% excise tax + 6% sales tax For more information read the State of Michigan Department of Treasury Revenue Administrative Bulletin. Medical Marijuana in Montana - 4% retail tax on medical marijuana Recreational Marijuana in Montana - 20% retail tax on recreational marijuana For more information visit the Montana Department of Revenue Cannabis Control Division. Medical Marijuana in Nevada - Recreational Marijuana in Nevada - 10% excise tax For more information visit the State of Nevada Department of Taxation. Medical Marijuana in New Mexico - Tax exempt during rolling 90 day supply Recreational Marijuana in New Mexico - 12% excise tax + 8% sales tax For more information visit the New Mexico Legislature site. Medical Marijuana in New York - 7% excise tax Recreational Marijuana in New York - 9% state excise tax + 4% local excise tax For more information visit the New York Department of Taxation & Finance. Medical Marijuana in Oregon - Sales tax exempt Recreational Marijuana in Oregon - 17% retail tax + potential 3% tax for localities For more information visit the Oregon Marijuana Tax Program page. Medical Marijuana in Vermont - Sales tax exempt Recreational Marijuana in Vermont - 6% sales tax + 14% excise tax For more information read Vermont’s Taxation of Sales of Medical Marijuana and Related Paraphernalia. Medical Marijuana in Virginia - Sales tax exempt Recreational Marijuana in Virginia - 21% state sales tax For more information visit the Commonwealth of Virginia website. Recreational Marijuana in Washington - 37% excise tax Medical Marijuana in Washington: Sales tax exempt For more information visit the Washington State Department of Health. 4. Workplace ToleranceWhether you are a recreational or medical user, the regulations may vary by state. Most states allow businesses to enforce their own drug policies. Although, in New York, employers are prohibited from discriminating against adults 21+ who legally consume marijuana outside of work, and cannot fire an individual based upon the smell of marijuana. 5. ConclusionMarijuana regulations, for both recreational and medical, continue to evolve over time. It’s important to keep up to date on your state’s laws by checking government websites periodically to steer clear of legal repercussions. |