Cannabis Legal Status Outlook for 2021

photo of a judge's legal gavel

Where is Cannabis legal in 2021, and which countries will pass legislation in the coming years? How does this affect CBD and other Cannabis businesses? We cover this and more in a quick introduction to where in the world cannabis is legal.

Where is Cannabis Legal?

First, “where is cannabis legal?” is a tricky question. In some places commonly referred to as being “legal” — this means that marijuana production, sale, and use is legal and regulated. However, this doesn’t mean that there is no criminal consequence for actions that fall outside of applicable laws.

For example, although marijuana is legal for adults to consume in Canada — there are still many regulations that consumers, distributors and producers must follow to stay within the law. Some of these regulations are federal, while others are Provincial or even local.

Similarly, each US state sets it’s own regulations. (and of course, recreational cannabis use is illegal at the federal level in the United States).

Cannabis, Marijuana and Hemp

In the United States, and most other English speaking countries the terms cannabis, marijuana and weed are all used interchangeably.

But, there are key differences that are relevant when discussing legalities:

  • Cannabis = All types of the plant in the family of Cannabis sativa plants. Includes both marijuana and hemp.
  • Marijuana / Marihuana = Cannabis plants that contain THC. Used recreationally and medicinally.
  • Hemp = Cannabis plants with almost no THC. Used industrially and medicinally.

Decriminalization vs Legalization

In addition, “decriminalized” is often used synonymously with “legal” but there are many variations of “decriminalized cannabis”. Jamaica, is a good example; where cannabis is mostly OK to possess, but may be subject to a (very) small fine.

Mexico’s courts ruled that the prohibition of consuming marijuana violated civil rights, which leaves consumption and possession of small amounts decriminalized, but no matching legal framework to handle the production or distribution which remain very illegal.

Many other countries and jurisdictions have similar quirks.

Medicinal and CBD vs Recreational

Medicinal Cannabis is the most ubiquitous form of decriminalization in recent years. Though, it’s situation is still very specific regionally.

When regulations are passed that this often involves multiple government agencies. For example: medical cannabis in Canada is subject to strict guides under the Health Canada in addition to the Cannabis Act. These guidelines affect every aspect of from production to consumption.

CBD and Cannabis Advertising Regulations

Many international business like Google, Microsoft and Facebook shy away from cannabis advertising dollars. This trend is most likely to continue for the foreseeable future with alternative advertising networks and methods growing to meet demand. (see our guide on CBD advertising)

What is the Legal Status of Cannabis in the United States?

Nationally, hemp and CBD have been legal in the United States since 2018, while marijuana remains illegal. Each of the 50 states has unique legislation regarding cannabis. Most states have decriminalized or legalized and regulated cannabis for medicinal and or recreational purposes.

Here’s a breakdown of the specifics.

State, District or TerritoryMedicinal or Recreational Legal?
AlaskaBoth Recreational & Medicinal
ArizonaMedicinal & Recreational*
ArkansasMedicinal
CaliforniaBoth Recreational & Medicinal
ColoradoBoth Recreational & Medicinal
ConnecticutMedicinal
DelawareMedicinal
District of ColumbiaBoth Recreational & Medicinal
FloridaMedicinal
GuamBoth Recreational & Medicinal
HawaiiMedicinal
IllinoisBoth Recreational & Medicinal
LouisianaMedicinal
MaineBoth Recreational & Medicinal
MarylandMedicinal
MassachusettsBoth Recreational & Medicinal
MichiganBoth Recreational & Medicinal
MinnesotaMedicinal
MississippiMedicinal*
MissouriMedicinal
MontanaMedicinal & Recreational*
NevadaBoth Recreational & Medicinal
New HampshireMedicinal
New JerseyMedicinal & Recreational*
New MexicoMedicinal
New YorkMedicinal
North DakotaMedicinal
OhioMedicinal
OklahomaMedicinal
OregonBoth Recreational & Medicinal
PennsylvaniaMedicinal
Puerto RicoMedicinal
Rhode IslandMedicinal
South DakotaMedicinal & Recreational*
UtahMedicinal
VermontBoth Recreational & Medicinal
WashingtonBoth Recreational & Medicinal
West VirginiaMedicinal
*Newly passed legislation. To be enacted in early 2021.
DATA SOURCES: National Conference of State Legislators, THCAffiliates.com

(data last updated Jan 1st 2021)

What is the Legal Status of Cannabis Worldwide?

Internationally, there is granularity to cannabis laws. Which makes answering the question “where is weed legal?” not useful or accurate for most practical purposes.

So instead, here is a quick overview countries that have legalized (to various degrees) medicinal and recreational cannabis:

CountryMedicinal or Recreational?
CanadaRecreational & Medicinal is legal and regulated under the Cannabis Act since 2018.
UruguayRecreational & Medicinal are legal and regulated since 2013.
ArgentinaMedicinal & Decriminalized
AustraliaMedicinal (some areas)
AustriaDecriminalized
BarbadosMedicinal & Decriminalized if the user is Rastafarian
BermudaMedicinal
BelgiumDecriminalized
BoliviaDecriminalized
BrazilMedicinal (terminally ill patients)
CanadaRecreational & Medicinal is legal and regulated under the Cannabis Act since 2018.
ChileMedicinal & Decriminalized
ColombiaMedicinal & Decriminalized
Costa RicaDecriminalized
CroatiaMedicinal
CyprusMedicinal (cancer patients only)
Czech RepublicMedicinal
DenmarkMedicinal
EcuadorMedicinal
FinlandMedicinal
GeorgiaMedicinal
GermanyMedicinal
GhanaMedicinal (THC content < 0.3%)
GreeceMedicinal
IrelandMedicinal (under pilot program)
IsraelMedicinal
ItalyMedicinal
JamaicaMedicinal & Decriminalized
LebanonMedicinal
LithuaniaMedicinal
LuxembourgMedicinal
MalawiMedicinal
MaltaMedicinal
MexicoMedicinal (THC content < 1%) & Decriminalized (prohibition deemed unconstitutional in 2018)
NetherlandsMedicinal & Decriminalized
New ZealandMedicinal
North MacedoniaMedicinal
NorwayMedicinal
PeruMedicinal
PolandMedicinal
PortugalMedicinal
Saint Vincent and the GrenadinesMedicinal
San MarinoMedicinal
Spain(private residence only) 
South AfricaDecriminalized
South KoreaMedicinal
Sri LankaMedicinal
SwitzerlandMedicinal
ThailandMedicinal
United KingdomMedicinal
United StatesFederally illegal except hemp-derived CBD. Medicinal and Recreational laws vary by state. (see above for full details)
UruguayRecreational & Medicinal are legal and regulated since 2013.
VanuatuMedicinal
ZambiaMedicinal
ZimbabweMedicinal
DATA SOURCES: THCAffiliates.com and CjaneMedia.com

Important: This is not legal advice. Although we aim to keep this resource updated regularly, please don’t rely on this information for legal information. Cannabis laws change rapidly and always double check your local regulations.

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