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 Maine, marijuana for recreational use is legal under state law. Adults 21 years of age or older are allowed to possess up to 2.5 ounces of marijuana, which is more than the limit set by the District of Columbia. Maine residents can also cultivate up to three flowering marijuana plants, twelve immature plants, and unlimited seedlings. The state has established a regulated market for marijuana, where adults can purchase marijuana from licensed retail stores. Despite the state's legalization, marijuana remains illegal under federal law as classified by 21 U.S.C. §812. It's important to note that federal law can supersede state law, which can lead to legal complications, especially on federal property or in federal cases. Additionally, Maine has a medical marijuana program that allows for the use of marijuana to treat certain medical conditions. Healthcare practitioners in Maine can provide written certification for the use of medical marijuana, rather than a prescription, due to federal restrictions.