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Cannabis in Tennessee is illegal for most use, with the exception of limited medical purposes. Possession of even small amounts is a criminal misdemeanor, but there are limited legal allowances for non-psychoactive CBD oil as medical cannabis, and the authorities have not been able to enforce the law. [1]
In May 2015, Tennessee governor Bill Haslam signed Senate Bill 280 into law, against his earlier opposition. The bill legalized the possession and use of marijuana to treat a limited number of severe conditions, including epilepsy. The bill has no provisions for legal sale, thus requiring patients to acquire the drug outside the state of Tennessee; possession of CBD oil without proof that it was obtained legally outside of Tennessee was a misdemeanor. [2]
At the start of 2015 the Tennessee chapter of the National Organization for the Reform of Marijuana Laws launched a petition to place a referendum on the November ballot for Davidson County to defund local law enforcement prosecution against possession of small amounts of marijuana. [3] The measure failed to reach the ballot, as by the 6 August deadline the movement had only collected about 4,000 of the required 6,845 signatures to get the measure onto the ballot. [4]
In 2016, both Nashville and Memphis succeeded in decriminalizing possession of small amounts of cannabis, with Memphis reducing punishment to a $50 fine. [5] Seven months later, however, a repeal was signed into Tennessee law. This repeal also prevented local governments from creating their own drug possession sanctions in the future. [6]
In July 2020, Nashville partially decriminalized cannabis possession, with the DA dropping all charges of marijuana possession under 1⁄2 ounce (14 g). [7]
In 2016 the Daily Helmsman noted that Tennessee spent $43 million in 2010 on prosecuting the 42% of their drug arrests which were for 1⁄2 ounce (14 g) marijuana or less. [5]
On March 3, 2021 a bill was filed by Represenitives Janice Bowling and Iris Rudder that would legalize medicinal cannabis to treat severe medical conditions. [8] On March 23, 2021 the bill however later died in the state senate. [9]
In the United States, the use and possession of cannabis is illegal under federal law for any purpose, by way of the Controlled Substances Act of 1970. Under the CSA, cannabis is classified as a Schedule I substance, determined to have a high potential for abuse and no accepted medical use – thereby prohibiting even medical use of the drug. However, at the state level policies regarding the medical and recreational use of cannabis vary greatly, and in many states conflict significantly with federal law.
The legal history of cannabis in the United States began with state-level prohibition in the early 20th century, with the first major federal limitations occurring in 1937. Starting with Oregon in 1973, individual states began to liberalize cannabis laws through decriminalization. In 1996, California became the first state to legalize medical cannabis, sparking a trend that spread to a majority of states by 2016. In 2012, Washington and Colorado became the first states to legalize cannabis for recreational use.
Cannabis is strictly illegal in Wyoming. The state has some of the strictest cannabis laws in the United States. Cannabis itself is not allowed for medical purposes, but a 2015 law allows limited use of non-psychoactive CBD oil. An effort is ongoing to place two initiatives on the 2022 ballot, one to legalize medical cannabis, and the other to decriminalize personal use.
Cannabis in Wisconsin is illegal for recreational use. Possession of any amount is punished by up to 6 months in prison and a $1000 fine for a first offense. A second offense is punished as a felony with up to 3.5 years in prison and up to a $10,000 fine. Medical use is legal only in the form of low-THC cannabis oil.
Cannabis in Utah is illegal for recreational use. Possession of small amounts is punishable by a misdemeanor crime. Medical use was legalized by ballot measure in November 2018, after a CBD-only law was passed in 2014 and a limited "right to try" law was passed in March 2018.
Cannabis in Iowa is illegal for recreational use if classified as marijuana but consumable hemp products including CBD products are legal for consumers to possess and registered retailers to sell. Possession of even small amounts of marijuana is a misdemeanor crime. The state has a medical cannabidiol program for serious medical conditions that allows for the legal possession of products containing 3% or less THC.
Cannabis in Idaho is fully illegal for any use, whether recreational or medical. The laws on cannabis prohibition in Idaho are among the most severe in the United States, with possession of even small amounts of it is a misdemeanor crime, and no legality of medical marijuana. As of 2018, support for the legalization of medical cannabis is broadly popular in the state, while legalization of the drug recreationally remains a wedge issue. Both the state's legislature as a whole and its governor, Brad Little, remain staunchly opposed to its legalization for medicinal or recreational purposes.
Cannabis in Alabama is illegal for recreational use. First-time possession of personal amounts is a misdemeanor, punishable by up to a year in prison, a fine of up to $6000, and a mandatory six months driver's license suspension. Repeat offenses and possession with intent to sell are felonies.
Cannabis in Virginia is legal for medical use and recreational use. The first medical marijuana dispensary opened in August 2020, and adult recreational use became legalized in July 2021.
Cannabis in Indiana is illegal for recreational use, with the exception of limited medical usage. Possession of any amount is a Class B misdemeanor, punishable by up to 180-days in prison and a fine of up to $1000.
Cannabis in Kansas is fully illegal, and possession of even small amounts is a misdemeanor crime. Cannabis is only legal in Kansas in the form of THC free cannabidiol oil, also known as CBD.
Cannabis in Texas is illegal for recreational use. Possession of up to two ounces is a class B misdemeanor, punishable by up to 180 days in prison and a fine of up to $2000. Several of the state's major municipalities have enacted reforms to apply lesser penalties or limit enforcement, however.
Cannabis in North Carolina is illegal for any use except for very limited medical usage, though decriminalized for possession of 0.5 ounces or less.
Cannabis in Missouri is illegal for recreational use, but decriminalized through legislation passed in 2014. Medical use was legalized in 2018 through a ballot initiative to amend the state constitution. The first licensed sales began in October 2020.
Cannabis in Mississippi is illegal for recreational use, but the use of low-THC/high-CBD products is allowed for severe seizure disorders under 2014 legislation. Possession of small amounts was decriminalized in 1978. Medical use was legalized in 2020 after voters approved Initiative 65, but the initiative was struck down by the Supreme Court of Mississippi in May 2021.
Cannabis in New York is legal for recreational and medical use. Adults aged 21+ are allowed to possess up to 3 ounces (85 g) of cannabis or 0.85 ounces (24 g) of concentrated cannabis. In addition, home cultivation of up to three mature and three immature cannabis plants per individual will be permitted, with a maximum of twelve plants per household, once regulations for home grow are in place. Previously, the possession of small amounts of cannabis had been decriminalized and was treated as a violation. The medical use of cannabis is permitted in certain circumstances. On March 30, 2021, both houses of the New York State Legislature approved legislation to legalize marijuana. The bill was signed into law by New York Governor Andrew Cuomo on March 31, 2021. The law also resulted in previous marijuana-related criminal records in the state of New York being expunged.
Cannabis in New Mexico is legal for recreational use as of June 29, 2021. A bill to legalize recreational use – House Bill 2, the Cannabis Regulation Act – was signed by Governor Michelle Lujan Grisham on April 12, 2021. The first licensed sales are required to occur by April 1, 2022.
Cannabis in Delaware is illegal for recreational use, though decriminalized for possession of small amounts. Medical use of cannabis is permitted for adult patients with certain serious illnesses.
Cannabis in Florida is illegal for recreational use. Possession of up to 20 grams is a misdemeanor offense, punishable by up to a year in jail, a fine of up to $1000, and the suspension of one's driver's license. Several cities and counties have enacted reforms to apply lesser penalties, however.
Cannabis in Ohio is legal for medical use and illegal for recreational use. Since 1975 possession of up to 100 grams has been decriminalized, with several of the state's major cities having enacted further reforms. Medical use was legalized in 2016 through a bill passed by the state legislature.