Written by NotALawyer Legal AI · Reviewed by External Legal AI · Published July 2, 2026
It depends entirely on your state. Some states allow recreational use with strict quantity caps, others allow only medical use, and in some, simple possession is still a crime. And no matter what your state says, federal law still lists marijuana as a controlled substance. The table on this page shows where your state lands.
Legal states still set hard limits
Where recreational use is legal, it comes with quantity caps — and carrying more than the cap is still a crime. Larger amounts can trigger possession-with-intent-to-distribute presumptions that turn a citation into a felony case.
Public use is banned almost everywhere it's legal
Legalization generally covers private property, not streets, parks, bars, or cars. Public consumption is typically a civil infraction or misdemeanor even in fully legal states, and hotel and rental rules can add their own penalties.
Driving high is a DUI in every state
Every state punishes driving while impaired by marijuana. Some use per se blood-THC limits, others require proof of actual impairment — but a marijuana DUI generally carries the same weight as an alcohol one, including license consequences.
Federal law hasn't changed
Marijuana remains a Schedule I controlled substance federally. That means federal land and buildings follow federal law regardless of the state, and marijuana use can still affect federal employment, immigration status, and firearm purchases.
Selling is a different universe
Outside a licensed dispensary system, sale — and in many states, possession with intent to sell — is a felony even where personal use is legal. Sharing can be charged as distribution if money or quantity suggests it.
Marijuana possession limit by stateCompare the recreational status & limit in all 50 states.
This shows whether recreational marijuana is legal for adults 21 and older in each state and, if it is, how much you may legally possess. Each value is cited to the state statute or agency; a state with no sourced figure shows "Not yet sourced."