State of Cannabis 2021

We’re over halfway through the year so now’s a great time to catch up on the State of Cannabis laws in 2021: they’re still a mess. Without the federal government taking action to deschedule and/or decriminalize cannabis, we’re left with the patchwork of state laws we currently have. All hope is not lost nationally, however, with the MORE act to decriminalize cannabis having passed the House of Representatives once in late 2020 - but it would have to pass again before going on to the Senate, where some murmurings of decriminalization have begun. What does the MORE act do? Broadly speaking, it would reschedule and decriminalize cannabis at the federal level, which would eliminate criminal penalties for people who make, distribute, or possess cannabis. Additionally, it would expunge criminal records of people previously charged with cannabis crimes and set a process to free those currently incarcerated. The bill also has several measures intended to uplift communities historically harmed by the war on drugs and removes burdens for individuals and businesses seeking to do legitimate business on the federal level. All we can do is call our local representatives and push them to pass this or something even better as soon as possible.

How we ended up in this unfortunate situation is a conversation for another day, but today we are taking a deeper dive into criminalized vs. decriminalized states and some good things to keep in mind no matter where you live.

First, when it comes to where and how you’re allowed to buy your weed these days, you can break up states into four categories: Legal, Medically Legal, CBD Only, and Fully Prohibited. Let’s start in the places where it’s fully prohibited, meaning that if you get caught with any amount of cannabis it’ll be fully a bummer. These states include: Idaho, Kansas, South Carolina, Tennessee, and Wyoming.

The next category features states where the only medical cannabis available is CBD: Georgia, Indiana, Iowa, Kentucky, Texas, Wisconsin. If you live in one of these places, you can go to a doctor and get a cannabis prescription, but all you’ll be able to buy are CBD products that can’t provide the same relief as the full range of cannabinoids.

No matter where you come from, you can always visit a place where recreational cannabis sales are already or will soon be available: Alaska, Arizona, California, Colorado, Washington D.C., Illinois, Maine, Massachusetts, Michigan, Montana, Nevada, New Jersey, New York, Oregon, South Dakota, Vermont, Virginia, and Washington. Of those, Montana, South Dakota, and Virginia are facing legal challenges to their cannabis laws, meaning it could be a long time before recreational sales begin. These are great states to travel to if you’re looking to experience the burgeoning cannabis industry but don’t live in an available market, with each state having its own group of local brands and flower.

The remaining states have medical cannabis sales available, although each varies in the requirements to get a license. Florida and Oklahoma for example have easier access to medical cannabis and have lots of product offerings for patients. In Minnesota however, it is fairly difficult to get a medical license and there are very few products available for patients - in fact, they only just this year allowed the sale of medical flower. Every state is moving at its own pace it seems.

These days, regardless of how you buy your weed, most states have decriminalized cannabis even if they don’t yet have a legal market. This means that petty cannabis infractions like possession are treated more like citations than felonies. The exceptions where cannabis is still criminalized? Alabama, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Oklahoma, Pennsylvania, South Carolina, Tennessee, Texas, Utah, West Virginia, Wisconsin, and Wyoming. You may have noticed a few states in that list with medical cannabis for sale. Like we said, the laws are a mess. Wherever you live, it’s important to know that even in places where cannabis has been decriminalized, small things can lead to serious charges. Of important concern to the hash community is that any cannabis extract is often viewed as a felony, even in places where cannabis is decriminalized. Take Nebraska, where first time possession of less than an ounce of flower is at worst an infraction punishable by a $300 fine. Any amount of hash or concentrates? A felony punishable by up to 5 years behind bars and $10,000. Don’t just go smoking a joint in front of cops if weed is decriminalized either. Think of it like alcohol - do it where you know it’s safe. Take similar care if you’re out road tripping this summer - transporting across state lines can still get you in lots of trouble. Questions? Let us know.