Legalization of non-medical cannabis in the United States

In the United States, the non-medical use of cannabis is legalized in 24 states (plus Guam, the Northern Mariana Islands, the U.S. Virgin Islands, and the District of Columbia) and decriminalized in 7 states, as of November 2023.^[1] Decriminalization refers to a policy of reduced penalties for cannabis offenses, typically involving a civil penalty for possessing small amounts (similar to how a minor traffic violation is treated), instead of criminal prosecution or the threat of arrest.^[2][3] In jurisdictions without penalty the policy is referred to as legalization, although the term decriminalization is sometimes used for this purpose as well.^[3]

During a wave of decriminalization in the 1970s, Oregon became the first state to decriminalize cannabis in 1973. Ten more states followed by the end of 1978, influenced by the Shafer Commission's endorsement of decriminalization in 1972. By the end of the decade the tide had turned in the other direction, however, and no state would decriminalize again until 2001.

Efforts to legalize cannabis included a number of ballot initiatives leading up to 2012, but none succeeded. In 2012, success was finally achieved when Washington and Colorado became the first two states to legalize. In 2014 and 2016 several more states followed, and in 2018 Vermont became the first to legalize through an act of state legislature. All jurisdictions that have legalized cannabis allow for its commercial sale, except Virginia and the District of Columbia. All allow for personal cultivation except Delaware, Illinois, New Jersey, and Washington state.

At the federal level, cannabis remains prohibited for any use under the Controlled Substances Act of 1970. The Justice Department has generally not enforced federal law in states that have legalized recreational cannabis, however. In December 2020, a bill to remove cannabis from the Controlled Substances Act was passed by the U.S. House but was not voted on by the Senate.