States That Have Decriminalized

The following states have passed laws decriminalizing certain marijuana possession offenses. Typically, decriminalization means no arrest, prison time, or criminal record for the first-time possession of a small amount of marijuana for personal consumption. In most decriminalized states, these offenses are treated like a minor traffic violation. Additionally, over 50 localities in a dozen states have enacted municipal laws or resolutions either fully or partially decriminalizing minor cannabis possession offenses.

* Voters in each of these jurisdictions have subsequently approved legislation legalizing the adult use and personal cultivation of cannabis.

**These states still classify marijuana possession offenses as criminal misdemeanors, but the offenses do not carry any threat of jail time.

*** New Mexico’s law takes effect on July 1, 2019.