Although cannabis is prohibited at the federal level in the United States, more than ten states have decided to authorize marijuana for adult consumption, commonly referred to as “recreational cannabis.”
While the majority of states have restricted legalization efforts to medicinal cannabis access only, adult consumption is continuously gaining momentum and spreading nationwide.
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“Recreational cannabis,” or adult-use marijuana, is legal marijuana sold in authorized dispensaries to individuals aged21 and above. It can take the form of smokable bud, concentrates (e.g. vape cartridges, hash, wax, shatter, tinctures), edibles, or topical applications.
In2012, Colorado and Washington became the first two states in the US to authorize marijuana for adult consumption. Since that time, various other states have followed their lead. States and territories with legalized recreational markets also operate lawful medical cannabis programs that serve patients with eligible conditions.
Twenty-one states—as well as Washington, DC and Guam—have sanctioned recreational cannabis. Of those states, two—Connecticut and Rhode Island—are expected to commence adult-use marijuana sales later in2022. Maryland legalized marijuana on Nov.8,2022.
South Dakota voters approved legalization at the polls in2020, but the state’s prohibitive governor, Kristi Noem (R), collaborated with state judges to nullify the initiative on questionable grounds. South Dakota is re-voting on legalization in November2022.
Most states in the US that have lawful access to marijuana have limited it to certified medical cannabis patients only. As of November8,2022,21 states plus Washington, DC and Guam have authorized recreational cannabis. Approximately two dozen states plus Puerto Rico and the US Virgin Islands, conversely, have a lawful medical marijuana program, yet each state’s program varies significantly in terms of access, qualifying conditions, and types of products available.
When a state permits marijuana for adult use, only individuals aged21 and older with valid identification may legally purchase marijuana from licensed dispensaries. Medical cannabis legalization restricts purchases to valid patients—generally ages21 and older, though some programs allow patients aged18+, as well as minors with a qualifying condition, a doctor’s authorization, and a parent or guardian to provide medication.
Medical cannabis patients must also renew their doctor’s authorization—most commonly once a year, although it varies by each state’s program—to maintain a valid medical marijuana card.
Recreational cannabis consumers are restricted by the quantity of marijuana they can buy at one time, as well as the total quantity of cannabis they may hold and where they can hold it.
While medical marijuana patients are also limited by the amount of cannabis they can obtain, many states permit patients to buy and hold more marijuana than recreational users since cannabis is utilized for therapeutic purposes.
Some states that ban or restrict home cultivation for personal adult use may provide exceptions for medical marijuana patients—they can frequently grow/hold more plants, especially if they reside a certain distance from the nearest licensed dispensary.
Medical marijuana patients are frequently exempt from certain additional levies that are imposed on cannabis products in recreational markets. For instance, in Seattle, Washington, recreational consumers must pay a combined10.1% sales tax on their purchases (6.5% state sales and use tax rate, plus3.6% local/county tax) while certified medical marijuana patients are exempt.
Regarding product selection, there tends to be very little variation between medical and recreational offerings.
At either type of store, you’re likely to find the shelves stocked with various edibles, beverages, vaporizers, topical products, strains, and concentrates. However, some state medical cannabis regulations may restrict the types of products allowed for patients, so certain items—like smokable flower—may not be accessible to them.
Medical and recreational dispensaries generally have comparable shopping experiences. Eligible medical marijuana patients will need to show both their ID to verify their age for purchasing cannabis, as well as their valid medical cannabis card. Some medical dispensaries may also have a waiting area where patients sit and are called back one at a time to ensure confidentiality. They might offer discounts and tax breaks to medical patients.
Recreational dispensaries also verify ID, and similar to medical marijuana dispensaries, they typically only accept cash or debit cards due to the lack of banking services set up for the cannabis sector.
Often, recreational establishments are not allowed to offer medical guidance to clients, although you can still purchase from them as a medical patient. Some stores are also dual-licensed, meaning they can serve the needs of both recreational and medical shoppers. Medical dispensaries and dual-licensed outlets are more adequately prepared to answer patient inquiries.
Below is a compilation of states and territories that have authorized cannabis for adult use.
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