Marijuana Possession Laws for Personal Use: State Limits

Quick answer

No single US law covers marijuana possession. Federal law places cannabis in Schedule I of the Controlled Substances Act, and simple possession of any amount is a federal crime. Twenty-four states and the District of Columbia let adults 21 and older possess cannabis for personal use. Flower limits run from 1 ounce to 3 ounces. Other states allow medical use only, decriminalize small amounts, or treat possession as a misdemeanor or felony.

cannabis possession limits federal vs state

Federal rules

Under 21 U.S.C. Section 844, a first federal conviction for simple possession carries up to 1 year in prison and a minimum fine of $1,000. A second conviction carries up to 2 years. Federal law does not recognize state medical cards or state adult-use programs. The Rohrabacher-Farr amendment, renewed in federal spending bills, blocks the Justice Department from using funds to stop states from carrying out their own medical cannabis laws. It does not protect recreational use. Federal land, airports, and national parks follow federal law.

cannabis possession limits federal vs state

State limits for adults 21 and over

Each state sets its own cap on personal possession. Examples of flower limits:

cannabis possession limits review 2025

• California: 28.5 grams of flower and 8 grams of concentrate.
• Colorado: 2 ounces.
• Illinois: 30 grams of flower and 5 grams of concentrate.
• Michigan: 2.5 ounces outside the home and 10 ounces at home.
• New York: 3 ounces of flower and 24 grams of concentrate.
• Ohio: 2.5 ounces of flower and 15 grams of extract.
• Oregon: 2 ounces in public and 8 ounces at home.
• Washington: 1 ounce of flower and 7 grams of concentrate.

Transport rules differ. Most legal states require cannabis to be sealed and out of reach while driving. An open container in a vehicle can bring a separate charge. Crossing a state line with cannabis is a federal offense, even between two legal states.

States without adult-use legalization

Penalties vary. Texas treats 2 ounces or less as a Class B misdemeanor: up to 180 days in jail and a $2,000 fine. Florida allows medical cannabis only. A 2024 ballot measure for adult use won 55.9% of the vote and fell short of the 60% needed. Some states, including Mississippi and North Carolina, decriminalize small amounts with a fine. Others impose felony charges for repeat offenses or larger weights.

What changes the charge

• Weight. Most statutes use tiers, such as 1 ounce, 2 ounces, and 4 ounces.
• Prior convictions. A second offense can raise the offense class.
• Location. School zones, parks, and federal land carry extra penalties.
• Form. Concentrates and edibles can fall under separate limits or weight formulas.

Check before you travel

Possession limits and penalties change. State legislatures amend statutes each session. Verify the current rule with the state cannabis regulator or the state code before you carry cannabis. Numbers in this guide reflect laws in effect as of early 2025.