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 Alabama, marijuana remains illegal for recreational use and is classified as a controlled substance under both federal law (21 U.S.C. §812) and state law. However, Alabama has taken steps to allow limited use of medical marijuana. The state passed the Darren Wesley 'Ato' Hall Compassion Act in 2021, which allows for the medical use of cannabis for certain qualifying conditions. Patients with qualifying conditions can use medical marijuana in forms such as tablets, capsules, tinctures, gelatinous cubes, gels, oils, creams, suppositories, patches, and in limited circumstances, vaporized forms. It is important to note that smoking or vaping raw plant material is not allowed under Alabama's medical marijuana law. Despite the legalization of medical marijuana, the possession, use, and distribution of marijuana for recreational purposes remain illegal in Alabama, and federal law continues to prohibit marijuana use and distribution. Individuals interested in the specifics of Alabama's medical marijuana regulations or facing legal issues related to marijuana should consult with an attorney for personalized legal advice.