The legalization of Marijuana was not an issue until the 20th century. The years between 1916 to 1931 witnessed 29 US states prohibiting the use of Marijuana. With the Marijuana Tax act in 1937, the substance became illegal across the United States.
After almost seven decades of prohibition, a ray of hope came when the people of Colorado voted for an initiative to legalize the sale and recreational use of Cannabis. This made Colorado the first state to approve the recreational use of Cannabis across all US states.
After almost a decade, with the signature of Governor Ralph Northam, Virginia became the 16th state to legalize Cannabis for recreational use. But what is making the substance widely legal? Carly Wolf, NORML’s state policies director, said, “The pressure is really on lawmakers at every level of government to take action. Public and political support has only continued to increase.”
However, Cannabis is not the only substance to get widespread support from the public. Kratom, the native of Southeast Asia, is giving competition to Cannabis in terms of people’s love. People want to understand the legal formalities for the recreational use of Cannabis and kratom in their state. This article will help you with it.
Where is Recreational Use Legal?
While understanding the laws around Cannabis and kratom, you have to look for state and federal laws. Before going towards federal law and FDA’s viewpoint on these two compounds, here is a list of 50 states and the legal status of Cannabis and Kratom there.
Before that, here is the meaning of few terms that will make it easy for you to understand the table:
Decriminalization: Discarding some criminal penalties for low-level marijuana activities.
Medical Legalization: Use of Marijuana for medical use, often with a license or after testing.
| State | Cannabis Status | Kratom | ||||
| Legal? | Adult Use? | Medical Marijuana | Decriminalized Statewide | Legal? | Restriction | |
| Alabama | No | No | No | No | Illegal | – |
| Alaska | Yes | Yes | Yes | Yes | Legal | Regulation may come |
| Arizona | Yes | Yes | Yes | N/A | Legal | KCPA Passed |
| Arkansas | Yes | No | Yes | No | Illegal | – |
| California | Yes | Yes | Yes | Yes | Legal | Illegal in San diego only |
| Colorado | Yes | Yes | Yes | Yes | Legal | Illegal in Denver only |
| Connecticut | Yes | No | Yes | Yes | Legal | Regulation may come |
| Delaware | Yes | No | Yes | Yes | Legal | Regulation may come |
| Florida | Yes | No | Yes | No | Legal | Illegal in Sarasota only |
| Georgia | Yes | No | Yes | No | Legal | KCPA Passed |
| Hawaii | Yes | No | Yes | Yes | Legal | Regulation may come |
| Idaho | No | No | No | No | Legal | Regulation may come |
| Illinois | Yes | Yes | Yes | Yes | Legal | Outside Jerseyville, kratom is legal for 18+ |
| Indiana | No | No | No | No | Illegal | – |
| Iowa | Yes | No | Yes | No | Legal | Regulation may come |
| Kansas | No | No | No | No | Legal | Regulation may come |
| Kentucky | No | No | No | No | Legal | Regulation may come |
| Louisiana | Yes | No | Yes | No | Legal | Regulation may come |
| Maine | Yes | Yes | Yes | Yes | Legal | Regulation may come |
| Maryland | Yes | No | Yes | Yes | Legal | Regulation may come |
| Massachusetts | Yes | Yes | Yes | Yes | Legal | Regulation may come |
| Michigan | Yes | Yes | Yes | N/A | Legal | Regulation may come |
| Minnesota | Yes | No | Yes | Yes | Legal | Regulation may come |
| Mississippi | No | No | No | Yes | Legal | Illegal inside Union County |
| Missouri | Yes | No | Yes | Yes | Legal | Regulation may come |
| Montana | Yes | Yes | Yes | N/A | Legal | Regulation may come |
| Nebraska | No | No | No | Yes | Legal | Regulation may come |
| Nevada | Yes | Yes | Yes | Yes | Legal | KCPA Passed |
| New Hampshire | Yes | No | Yes | Yes | Legal | Legal for 18+ only |
| New Jersey | Yes | Yes | Yes | N/A | Legal | Regulation may come |
| New Mexico | Yes | Yes | Yes | Yes | Legal | Regulation may come |
| New York | Yes | Yes | Yes | Yes | Legal | Regulation may come |
| North Carolina | No | No | No | Yes | Legal | Regulation may come |
| North Dakota | Yes | No | Yes | Yes | Legal | Regulation may come |
| Ohio | Yes | No | Yes | Yes | Legal | Regulation may come |
| Oklahoma | Yes | No | Yes | No | Legal | Regulation may come |
| Oregon | Yes | Yes | Yes | Yes | Legal | Regulation may come |
| Pennsylvania | Yes | No | Yes | No | Legal | Regulation may come |
| Rhode Island | Yes | No | Yes | Yes | Illegal | – |
| South Carolina | No | No | No | No | Legal | Regulation may come |
| South Dakota | Yes | Yes | Yes | N/A | Legal | Regulation may come |
| Tennessee | No | No | No | No | Legal | Legal for only 21+ |
| Texas | No | No | No | No | Legal | Regulation may come |
| Utah | Yes | No | Yes | No | Legal | KCPA passed |
| Vermont | Yes | Yes | Yes | Yes | Illegal | – |
| Virginia | Yes | Yes | Yes | Yes | Legal | Regulation may come |
| Washington | Yes | Yes | Yes | N/A | Legal | Regulation may come |
| West Virginia | Yes | No | Yes | No | Legal | Regulation may come |
| Wisconsin | No | No | No | No | Illegal | – |
| Wyoming | No | No | No | No | Legal | Regulation may come |
So, this table summarizes the legal status of kratom and recreational Marijuana in states. The subsequent sections deal with the legal status of Cannabis and kratom federally.
Federal Law on Kratom
Presently kratom is federally legal. However, its status might change soon. The Drug Enforcement Administration has tried several times to place a ban on kratom with the support of the FDA and other federal units. However, the widespread public backlash was adequate to convince the DEA.
The FDA does not believe in the anecdotal benefits of kratom. Besides, there are incidents where people were hospitalized after consuming kratom. However, the thing to understand here is, primarily such incidents happen because of consuming local kratom products or mixing other drugs with kratom.
Briefly, kratom is federally legal, but its fate is uncertain.
Federal Law on Marijuana
In simple words, Marijuana is federally legal. The FDA does not approve recreational use of the substance. There are two points to remember in this. They are:
- The farm bill 2018 legalized hemp that is different from Marijuana. Hemp contains a high proportion of CBD, while Marijuana has high THC content. So if you are aware of what is cbd made out of you will never confuse hemp legalization with Marijuana legalization.
- When a conflict is seen between state and federal law, the federal law stands. Thus, if in your state Marijuana is legal, the federal authorities can still punish you. However, federal authorities are now not prosecuting the people consuming Marijuana in states where the compound is legal until they follow state laws and do not cross the border with Marijuana.
So, this is the legal status of Marijuana federally.
Conclusion
In recent times, more and more people are consuming kratom and recreational Cannabis. They are legal at some places, illegal at some, and regulated at others. Also, their status is continuously changing. Their future in the United States is bright yet uncertain.
