Can You Drive in a State Where Cannabis Is Legal After Smoking?
Legal cannabis never means legal driving. Here is how states define THC impairment, per se limits and zero tolerance rules, plus how to plan a sober ride.
Short answer
Recreational cannabis is legal for adults 21 and older in 25 states and the District of Columbia. Retail sales are open in most of them. A handful of states legalized possession and home growing before any store opened, so the list of legal states and the list of states with open dispensaries are not the same list.
list of states where recreational cannabis is legal
States where recreational cannabis is legal
- Alaska (2014)
- Arizona (2020)
- California (2016)
- Colorado (2012)
- Connecticut (2021)
- Delaware (2023)
- Illinois (2019)
- Maine (2016)
- Maryland (2022)
- Massachusetts (2016)
- Michigan (2018)
- Minnesota (2023)
- Missouri (2022)
- Montana (2020)
- Nevada (2016)
- New Hampshire (2025, possession and home grow; state-run retail pending)
- New Jersey (2020)
- New Mexico (2021)
- New York (2021)
- Ohio (2023)
- Oregon (2014)
- Rhode Island (2022)
- Vermont (2018)
- Virginia (2021)
- Washington (2012)
The District of Columbia legalized possession and home cultivation in 2014, but federal budget rules block commercial sales there.
Legal to possess, no store to visit yet
Three states sit in this gap. Virginia legalized adult possession in 2021 and has not opened a retail market. Minnesota legalized in 2023 and is still building its licensed system. New Hampshire legalized possession in 2025 through the state budget process, with sales planned through state-run outlets. Delaware and Ohio legalized recently and now have stores operating, so older articles that list them as "no sales" are out of date.
How Old Do You Need to Be in States with Legal Cannabis?
What state legalization does not cover
- Federal law: cannabis remains a Schedule I controlled substance. Possession on federal land, in national parks, and on some military bases is a federal offense.
- State lines: carrying cannabis from a legal state into another state is illegal, even if the destination state also allows it.
- Airports and planes: TSA and federal air rules apply. Do not fly with it.
- Employers: a company can test for cannabis and enforce its own policy in most legal states.
- Driving: driving under the influence stays illegal everywhere. Open containers in a vehicle are treated like alcohol in several states.
How to confirm the rules before you buy
- Open the website of the state cannabis regulator for the state you are in and read the current adult-use page.
- Check the possession limit, usually measured in ounces of flower or grams of concentrate.
- Confirm whether licensed retail stores are open, since possession can be legal while sales are not.
- Check city and county rules, because some municipalities ban storefronts even in a legal state.
- Confirm the purchase age and the ID required, which is a government photo ID showing 21 or older.
- Read the label for potency and serving size before you consume anything.
Bottom line
If you are counting, that is 25 states plus the District of Columbia with legal recreational cannabis, and 24 of those states with a working retail market or one that is close to opening. State law changes fast, so verify the status in the specific state and city where you plan to buy.