Marijuana: Comparison of State

Laws Legalizing Personal,

Research current through December 23, 2016.

This project was supported by Grant No. G15599ONDCP03A, awarded by the Office of
National Drug Control Policy. Points of view or opinions in this document are those of the
author and do not necessarily represent the official position or policies of the Office of National
Drug Control Policy or the United States Government.

© 2016 Research is current as of December 23, 2016. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or jwoodruff@namsdl.org with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
1
opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 100 ½ East Main Street,
Suite C, Manchester, IA 52057
 NAMSDL – Marijuana: Comparison of State Laws Legalizing Personal, Non-Medical Use

STATE PAGE
ALASKA ........................................................................................................................................ 3
CALIFORNIA ................................................................................................................................ 9
COLORADO ................................................................................................................................ 17
DISTRICT OF COLUMBIA ........................................................................................................ 23
MAINE ......................................................................................................................................... 26
MASSACHUSETTS..................................................................................................................... 32
NEVADA ...................................................................................................................................... 37
OREGON ...................................................................................................................................... 41
WASHINGTON ........................................................................................................................... 46

© 2016 Research is current as of December 23, 2016. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or jwoodruff@namsdl.org with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
2 opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 100 ½ East Main Street,
Suite C, Manchester, IA 52057.
 NAMSDL – Marijuana: Comparison of State Laws Legalizing Personal, Non-Medical Use

ALASKA
Statute(s) AS §§ 17.38.010 to 17.38.900; §§ 43.61.010 to 43.61.030.
Effective date February 24, 2015.
Regulations 3 AAC 306.005 to 306.990; 15 AAC 61.010 to 61.990.
Regulating Alaska Marijuana Control Board (“MCB”), within the Alaska
authority Department of Commerce, Community, and Economic Development.
Website1 https://www.commerce.alaska.gov/web/amco/AboutUs.aspx#.
Types of Retail marijuana store, cultivation facility, product manufacturing
marijuana facility, and testing facility.
establishments
Status of market Operational. The first retail marijuana store opened in October 2016.
As of December 29, 2016, MCB has issued 78 marijuana establishment
licenses, out of which 43 are operational. The 78 entities include 22
retail stores, 51 cultivation facilities, two product manufacturing
facilities, and three testing facilities.
Amount of  A person over age 21 may purchase, possess, or transport up to one
marijuana allowed ounce of marijuana.2
 May not purchase more than seven grams of marijuana concentrate
for inhalation in one transaction.
 Items purchased in any one transaction may not contain, in
combination, more than 5,600 milligrams of THC.
 Legal to possess, manufacture, or purchase marijuana accessories.
Restrictions on the  Must be at least age 21 to purchase or consume marijuana; there is
use of marijuana a fine of up to $400 for providing false ID to a marijuana
establishment.
 Consumption in public is not allowed and violators are subject to a
fine of up to $100; “public” means “a place to which the public or a
substantial group of people has access,” which includes “highways,
transportation facilities, schools, places of amusement or business,
parks, playgrounds, prisons, and hallways, lobbies and other
portions of apartment houses and hotels not constituting rooms or
apartments designed for actual residence.”
 “Public” does not include any area on the premises of a licensed
retail marijuana store designated for onsite consumption (if allowed
by MCB).

1
All websites listed in this summary were valid and accessible as of December 23, 2016.

2
AS § 17.38.010 provides that nothing in the law “diminish[es] the right to privacy as interpreted by the Alaska
Supreme Court” in Ravin v. State of Alaska [537 P.2d 494 (Alaska 1975)].” Under that decision and subsequent
court rulings, the possession, use, and display of up to four ounces of marijuana by an adult in a private
residence is protected under the person’s state right to privacy.

© 2016 Research is current as of December 23, 2016. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or jwoodruff@namsdl.org with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
3 opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 100 ½ East Main Street,
Suite C, Manchester, IA 52057.
 NAMSDL – Marijuana: Comparison of State Laws Legalizing Personal, Non-Medical Use

ALASKA
Home cultivation -  Individuals may possess up to six plants, with three or fewer being
requirements and mature, flowering plants.
restrictions  No more than 12 marijuana plants, with six or fewer being mature,
flowering plants, may be present in a single dwelling regardless of
the number of persons 21 years of age or older residing in the
dwelling.
 Possession of the marijuana produced by the plants is lawful on the
premises where the plants were grown.
 Plants cannot be within the unaided vision of the public.
 Cultivator must take reasonable precaution to secure plants from
unauthorized access.
 Cultivator must own the property or have consent of the lawful
owner to cultivate at that location.
 May transfer to another person (age 21 or older) only one ounce
and six plants without remuneration.
Marijuana  Application fee (initial)  $1,000.
establishment –  Application fee (renewal)  $600.
fees  Retail marijuana store annual license $5,000.
 Limited marijuana cultivation facility annual license $1,000.
 Marijuana cultivation facility annual license $5,000.
 Marijuana concentrate manufacturing facility annual license
$1,000.
 Marijuana product manufacturing facility annual license $5,000.
 Marijuana testing facility annual license $1,000.
 Marijuana handler permit card $50.
Marijuana The marijuana establishment license application process is ongoing in
establishment Alaska. Presently, there is no limit to the number of marijuana
application establishments that will be granted licenses. MCB must approve or
process deny an application within 90 days of being deemed complete. A local
government may file a written protest to an application for an
establishment within 60 days of the official date of notice of the
application.
Marijuana  Licensee, employee, or agent of a testing facility may not have an
establishments – interest in any other type of establishment; otherwise, a person or
ownership entity may own multiple establishments and/or multiple types of
requirements and establishments.
restrictions  Applicants for marijuana establishment licenses must list all
persons with a direct or indirect financial interest in the operation.

© 2016 Research is current as of December 23, 2016. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or jwoodruff@namsdl.org with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
4 opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 100 ½ East Main Street,
Suite C, Manchester, IA 52057.
 NAMSDL – Marijuana: Comparison of State Laws Legalizing Personal, Non-Medical Use

ALASKA
Marijuana  License will not be issued if the applicant or any interested person
establishments – in the applicant has been: (1) convicted of a disqualifying felony;
ownership (2) convicted of certain alcohol sales violations within five years;
requirements and (3) convicted of a misdemeanor crime involving a controlled
restrictions substance, violence against a person, use of a weapon, or
(continued) dishonesty within the preceding five years; or (4) convicted of a
class A misdemeanor relating to selling, furnishing, or distributing
marijuana or operating an establishment where marijuana is
consumed contrary to state law.
 All owners, partners, limited liability company (“LLC”) members,
or shareholders of the applying entity must be residents of Alaska.
 If the entity is an LLC or corporation, it must be qualified to do
business in Alaska.
 Applicants must provide proof of possession to the premises
location as part of the application process.
Marijuana  Premises of any establishment may not be located within 500 feet
establishments – of a school ground, a recreation or youth center, a building in which
operational religious services are regularly conducted, or a correctional facility.
requirements and  Each licensee, employee, or agent of a marijuana establishment
restrictions who sells, cultivates, manufactures, tests, or transports marijuana or
who checks the identification of a consumer or visitor, must obtain
a marijuana handler permit prior to employment.
 Prior to receiving permit, marijuana handlers must complete an
education course approved by MCB and pass a written test.
 MCB will suspend or revoke a marijuana establishment license
issued under this chapter if any licensee is convicted of a felony or
other disqualifying crime.
 MCB may suspend or revoke a license, or impose a fine, this
chapter, refuse to renew a license, or impose a civil fine, if it finds
that a licensed establishment or licensee: (1) misrepresented a
material fact on the application; (2) is following any practice or
procedure that is contrary to the best interests of the public; or (3)
failed, within a reasonable time after receiving a notice of violation,
to correct any defect.
Specific to retail stores:
 No person under age 21 may enter retail store.
 Store cannot be located in an establishment with a liquor license.
 Store cannot operate between 5:00am and 8:00am.
 Marijuana and marijuana products may not be visible from any
public right-of-way.

© 2016 Research is current as of December 23, 2016. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or jwoodruff@namsdl.org with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
5 opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 100 ½ East Main Street,
Suite C, Manchester, IA 52057.
 NAMSDL – Marijuana: Comparison of State Laws Legalizing Personal, Non-Medical Use

ALASKA
Marijuana Specific to retail stores:
establishments –  Store may not require any consumer identification other than a
operational government-issued ID.
requirements and  No person may consume marijuana on store premises, unless MCB
restrictions permits such consumption in a specified area of store.
(continued)  Must use the specified marijuana tracking system to make sure that
product in the retail marijuana store’s possession is identified and
tracked from the time of receipt until sale or transfer.
 May not sell a marijuana product until required testing is complete.
 Per transaction limit on sales is: (1) one ounce of usable marijuana;
(2) seven grams of marijuana concentrate for inhalation; or (3)
5,600 milligrams of THC in all products combined.
 No more than three business signs visible to public on right of way
 Limitations placed or where advertisements can appear.
Specific to cultivation facilities:
 No person can consume marijuana inside building(s) or within 20
feet of the outside of any building.
 Cannot extract marijuana concentrate onsite unless also a licensed
marijuana product manufacturing facility.
 Cultivation can occur indoor or outdoor (if allowed locally) within
a fully enclosed, secure barrier.
 Must provide a sample of each harvest batch of marijuana produced
at the facility to a marijuana testing facility.
Specific to product manufacturing facilities:
 No person can consume marijuana on premises.
 Cannot produce any product that resembles a familiar food or
candy item, or is in packaging that could appeal to minors.
 MCB must approve each product manufactured.
 Must have a sample of each product manufactured tested by a
licensed facility.
 Potency limits 5mg THC for single serving; 10 servings or 50mg
THC in a larger packaged product.
Marijuana  Establishment or applicant must make the licensed (or proposed)
establishment – premises, including any place for storage, available for inspection
inspections by a MCB employee or agent.
 Inspection includes an inspection of the premises, facilities,
qualifications of personnel, methods of operation, business and
financial records, marijuana inventory tracking system, policies,
and purposes of any marijuana establishment and of any applicant
for a marijuana establishment license.

© 2016 Research is current as of December 23, 2016. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or jwoodruff@namsdl.org with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
6 opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 100 ½ East Main Street,
Suite C, Manchester, IA 52057.
 NAMSDL – Marijuana: Comparison of State Laws Legalizing Personal, Non-Medical Use

ALASKA
Marijuana  Local government may prohibit the operation of an establishment
establishments – through the enactment of an ordinance or by a voter initiative.
local control  An established village can exercise a local option to prohibit the
operation of an establishment if a majority of the voters voting on
the question vote to approve the option.
 Locality can enact ordinances governing time, place, manner and
number of establishments
 Local government may designate a local regulatory authority that is
responsible for processing applications submitted for a registration
to operate a marijuana establishment within the boundaries of the
local government.
Marijuana  For each marijuana type or marijuana product cultivated or
establishments – produced, the following tests are required: (1) potency testing on
testing and marijuana bud and flower, marijuana concentrate, and a marijuana
labeling product; and (2) microbial testing for certain specified substances.
 Marijuana or marijuana products cannot be labeled as organic.
 At the time of purchase at a retail store, a marijuana or marijuana
product must have a label affixed providing the following
information: (1) the retail marijuana store selling the marijuana
product by name or distinctive logo and marijuana establishment
license number; (2) the total estimated amount of THC in the
labeled product; (3) statement that “Marijuana has intoxicating
effects and may be habit forming and addictive”; (4) statement that
“Marijuana impairs concentration, coordination, and judgment. Do
not operate a vehicle or machinery under its influence”; (5)
statement that “There are health risks associated with consumption
of marijuana”; (6) statement that it is “For use only by adults
twenty-one and older. Keep out of the reach of children”; and (7)
statement that “Marijuana should not be used by women who are
pregnant or breast feeding.”
Marijuana Franwell Marijuana Enforcement Tracking Reporting & Compliance
tracking system (“METRC”) inventory tracking system. All marijuana establishments
must use the inventory tracking system.
Driving during / Marijuana laws provide that “[n]othing in this chapter is intended to
after use allow driving under the influence of marijuana or to supersede laws
related to driving under the influence of marijuana.” In Alaska, it is
illegal to operate a motor vehicle “under the influence of . . . any
controlled substance,” which includes marijuana.

© 2016 Research is current as of December 23, 2016. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or jwoodruff@namsdl.org with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
7 opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 100 ½ East Main Street,
Suite C, Manchester, IA 52057.
 NAMSDL – Marijuana: Comparison of State Laws Legalizing Personal, Non-Medical Use

ALASKA
Exemption from  Law provides that the following acts by persons aged 21 or older
penalty provided are “lawful and are not criminal or civil offenses under Alaska law
by law or the law of any political subdivision of Alaska or bases for
seizure or forfeiture of assets under Alaska law”: (1) possessing,
using, displaying, purchasing, or transporting marijuana accessories
or less than one ounce of marijuana; (2) cultivating marijuana in
accordance with the law; and (3) consuming marijuana (except in
public).
 Acts in accordance with the law, when performed by a validly
licensed marijuana establishment or person age 21 or older acting
as an owner, employee, or agent of an establishment, “are lawful
and shall not be an offense under Alaska law or be a basis for
seizure or forfeiture of assets under Alaska law.”
Effect of law on  Law does not require employers to permit or accommodate the use,
employers and consumption, possession, transfer, display, transportation, sale, or
landlords growing of marijuana in the workplace or to affect the ability of
employers to have policies restricting the use of marijuana by
employees.
 Law does not prohibit a person, employer, school, hospital,
recreation or youth center, or correction facility from prohibiting or
otherwise regulating the possession, consumption, use, display,
transfer, distribution, sale, transportation, or growing of marijuana
on or in that property.
 Law does not prohibit a corporation, or any other entity who
occupies, owns, or controls private property from prohibiting or
otherwise regulating the possession, consumption, use, display,
transfer, distribution, sale, transportation, or growing of marijuana
on or in that property.
Taxes on All non-exempt marijuana sold or transferred from a marijuana
marijuana cultivation facility is taxed as follows: (1) any part of the bud and
establishments flower at $50 an ounce; and (2) the remainder of the plant at $15 an
ounce. This does not include marijuana transferred to a licensed testing
facility.
Retail taxes Not addressed by law or regulations.
Fund(s) created Not addressed by law or regulations.
Studies required Not addressed by law or regulations.
or requested

© 2016 Research is current as of December 23, 2016. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or jwoodruff@namsdl.org with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
8 opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 100 ½ East Main Street,
Suite C, Manchester, IA 52057.
 NAMSDL – Marijuana: Comparison of State Laws Legalizing Personal, Non-Medical Use

CALIFORNIA
Statute(s) Control, Regulate, and Tax Adult Use of Marijuana Act (known as
“Proposition 64” on the November 2016 ballot). Cal. Health & Safety
Code §§ 11018.1 to 11018.2; § 11018.5; §§ 11357 to 11360;
§ 11361.1; § 11361.5; § 11361.8; §§ 11362.1 to 11362.45;
§ 11362.712; § 11362.713; § 11362.755; § 11362.84; § 11362.85;
Cal. Business & Professions Code §§ 26000 to 26211; Cal. Labor Code
§ 147.6; Cal. Water Code § 13276; Cal. Revenue & Taxation Code
§§ 34010 to 34021.5; Cal. Food & Agricultural Code § 81000;
§ 81006; § 81008; § 81010.
Effective date November 9, 2016.
Regulations None adopted to date.
Regulating  Bureau of Marijuana Control within the California Department of
authority Consumer Affairs (“Bureau”) has the authority to create, issue,
renew, discipline, suspend, or revoke licenses for the transportation,
storage (unrelated to manufacturing activities), distribution, and
sale of marijuana within the state.
 California Department of Food and Agriculture (“Food &
Agriculture”) will administer the law related to the cultivation of
marijuana.
 California Department of Public Health will administer the law
associated with the manufacturing and testing of marijuana.
 Collectively referred to as “licensing authorities” in Proposition 64.
Website None to date.
Types of Licenses are to be issued for marijuana cultivators, manufacturers,
marijuana testing facilities, distributors, retailers, and microbusinesses
establishments (cultivation/manufacturing/retailer combined). By January 1, 2018, the
Bureau is to investigate the feasibility of creating one or more
classifications of nonprofit licenses.
Status of market Proposition 64 went into effect on November 9, 2016, legalizing
personal possession and home cultivation. Licensing authorities must
begin issuing licenses by January 1, 2018.
Amount of  May possess, process, transport, purchase, obtain, or give away not
marijuana allowed more than 28.5 grams of marijuana not in the form of concentrated
cannabis.
 If in the form of concentrated cannabis, the limit is eight grams.
Restrictions on the  Must be age 21 or older to possess, consume, cultivate, purchase or
use of marijuana transfer marijuana.
 Cannot smoke or ingest marijuana: (1) in any public place; or (2) in
a location where smoking tobacco is prohibited; violation is an
infraction subject to fine up to $100, except that violators under age
18 are required to complete four hours of a drug education program
or counseling, and up to 10 hours of community service.
© 2016 Research is current as of December 23, 2016. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or jwoodruff@namsdl.org with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
9 opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 100 ½ East Main Street,
Suite C, Manchester, IA 52057.
 NAMSDL – Marijuana: Comparison of State Laws Legalizing Personal, Non-Medical Use

CALIFORNIA
Restrictions on the  Cannot possess or smoke marijuana or marijuana products: (1)
use of marijuana within 1,000 feet of a school, day care center, or youth center while
(continued) children are present, except in or upon the grounds of a private (only
if such smoking is not detectable by others); or (2) on the grounds
of, or within, any correctional facility.
Home cultivation -  Allowed to cultivate or process not more than six living marijuana
requirements and plants and possess the marijuana produced by the plants.
restrictions  Six is also the limit on the total number of plants that may be
planted, cultivated, harvested, dried, or processed within a single
private residence, or upon the grounds of that private residence, at
one time.
 Plants and the marijuana produced by those plants, in excess of
28.5 grams, must be kept in a locked space, and not be visible by
normal unaided vision from a public place.
Marijuana  Each licensing authority will establish a scale of application,
establishment – licensing, and renewal fees, based upon the estimated cost of
fees administering the law and the size of the business.
 Licenses will be valid for 12 months from the date of issuance.
Marijuana  A licensing authority must give priority in issuing licenses to
establishment applicants that can demonstrate that they operated in compliance
application with California’s medicinal use of marijuana laws.
process  Among other application requirements, an applicant must list the
source or sources of water the applicant will use for the licensed
activities, including a certification that the applicant may use that
water legally under California law.
Marijuana  A licensee cannot be licensed as a retailer of alcoholic beverages or
establishments - of tobacco products.
ownership  Person or entity may hold multiple types of licenses except for a
requirements and person/entity that has a testing license.
restrictions  License may not be issued to anyone who has not been a California
resident continuously from January 1, 2015.
 License may not be issued if the applicant, or any of its officers,
directors, or owners, has been subject to fines or penalties for
cultivation or production of a controlled substance on public or
private lands.
 License may not be issued if the applicant, or any of its officers,
directors, or owners, has been sanctioned for unauthorized
commercial marijuana activities or commercial medical cannabis
activities, or has had a license revoked within the three years
immediately preceding the date the application.

© 2016 Research is current as of December 23, 2016. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or jwoodruff@namsdl.org with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
10 opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 100 ½ East Main Street,
Suite C, Manchester, IA 52057.
 NAMSDL – Marijuana: Comparison of State Laws Legalizing Personal, Non-Medical Use

CALIFORNIA
Marijuana  License may not be issued if the applicant or licensee has been
establishments - convicted of an offense that is substantially related to the
ownership qualifications, functions, or duties of the business or profession for
requirements and which the application is made, unless the licensing authority allows
restrictions it after a thorough review.
(continued)  Conviction for any controlled substance felony subsequent to
licensure is grounds for revocation of a license or denial of the
renewal of a license.
Marijuana  No licensed premises may be located within a 600-foot radius of a
establishments – school providing instruction in kindergarten or any grades one
operational through 12, day care center, or youth center that is in existence at
requirements and the time the license is issued (unless a licensing authority or a local
restrictions jurisdiction specifies a different distance).
 Cultivators must ensure that the licensed premises do not pose an
unreasonable risk of fire or combustion.
 Indoor and outdoor marijuana cultivation must be done in
accordance with state and local laws related to land conversion,
grading, electricity usage, water usage, water quality, woodland and
riparian habitat protection, and agricultural discharges.
 All finished marijuana and marijuana products must be in a secured
and locked room, safe, or vault, and in a manner reasonably
designed to prevent diversion, theft, and loss.
 Licensed retailers and microbusinesses must implement security
measures reasonably designed to prevent unauthorized entrance
into areas containing marijuana or marijuana products and theft of
marijuana or marijuana products from the premises.
 Marijuana deliveries may only be made by a licensed retailer,
microbusiness, or nonprofit.
 Marijuana products must: (1) not be designed to be appealing to
children or easily confused with commercially sold candy or
foods that do not contain marijuana; (2) be produced and sold with
a standardized dosage not to exceed 10 mg of THC per serving; and
(3) be delineated or scored into standardized serving sizes if the
marijuana product contains more than one serving and is an edible
marijuana product in solid form.
 Licensees cannot employ anyone under age 21 or allow an
underage person on premises (unless they are a licensed medical
marijuana dispensary and the individual is at least age 18 and has a
valid medicinal use registration card).
 No advertising may be placed in broadcast, cable, radio, print and
digital communications unless at least 71.6 percent of the audience
is reasonably expected to be 21 years of age or older.

© 2016 Research is current as of December 23, 2016. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or jwoodruff@namsdl.org with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
11 opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 100 ½ East Main Street,
Suite C, Manchester, IA 52057.
 NAMSDL – Marijuana: Comparison of State Laws Legalizing Personal, Non-Medical Use

CALIFORNIA
Marijuana  Cannot advertise or market on a billboard or similar advertising
establishments – device located on an interstate or state highway which crosses the
operational border of any other state.
requirements and  Cannot publish or disseminate advertising or marketing containing
restrictions symbols, language, music, gestures, cartoon characters or other
(continued) content elements known to appeal primarily to underage persons.
 Cannot advertise or market marijuana or marijuana products on an
advertising sign within 1,000 feet of a day care center, school,
playground, or youth center.
 Each sales invoice must include: (1) the name and address of the
seller; (2) name and address of the purchaser; (3) date of sale and
invoice number; (4) kind, quantity, size, and capacity of packages
of marijuana or marijuana products sold; (5) cost to the purchaser,
together with any discount applied to the price as shown on the
Invoice; (6) place from which transport of the marijuana or
marijuana product was made unless transport was made from the
premises of the licensee; and (7) any other information specified by
the bureau or the licensing authority.
Marijuana  Bureau may examine the books and records of a licensee and
establishment - inspect the premises of a licensee as the licensing authority during
inspections standard business hours of the licensed facility or at any other
reasonable time.
 Licensees must keep records identified by the licensing authorities
on the premises and must allow examination of the records by a
licensing authority.
 All records related to commercial marijuana activity as defined by
the licensing authorities must be maintained for a minimum of
seven years.
 If a licensee, or an agent or employee of a licensee, fails to
maintain or provide the records, the licensee shall be subject to a
citation and fine of up to $30,000 per individual violation.
 Sales invoices and receipts may be maintained electronically and
must be filed in such manner as to be readily accessible for
examination by Bureau or California Board of Equalization.
 For purposes of examining tax records, any peace officer, or board
employee granted limited peace officer status, is authorized to enter
and conduct inspections: (1) in a reasonable manner and at a
reasonable time; (2) at any place where marijuana is cultivated,
stored, or sold, or any site where evidence of tax evasion could be
discovered; and (3) no more than once in a 24-hour period.

© 2016 Research is current as of December 23, 2016. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or jwoodruff@namsdl.org with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
12 opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 100 ½ East Main Street,
Suite C, Manchester, IA 52057.
 NAMSDL – Marijuana: Comparison of State Laws Legalizing Personal, Non-Medical Use

CALIFORNIA
Marijuana  City, county, or city and county may enact and enforce reasonable
establishments - regulations concerning home cultivation including the prohibition
local control of outside activity.
 No city, county, or city and county may completely prohibit the use
or cultivation inside a secure private residence or accessory
structure.
 Any local jurisdiction may issue temporary local licenses to
nonprofit entities primarily providing whole-plant marijuana and
marijuana products and seed stock to low income persons.
 Local jurisdiction cannot prevent transportation or delivery of
marijuana or marijuana products on public roads by a licensee
complying with the law.
 Law does not supersede or limit the authority of a local jurisdiction
to adopt and enforce local ordinances to regulate marijuana
businesses, such as through local zoning and land use requirements,
business license requirements, and requirements related to reducing
exposure to second hand smoke.
 Local jurisdiction may allow for the smoking, vaporizing, and
ingesting of marijuana or marijuana products on the premises of a
retailer or microbusiness if: (1) access to the area where marijuana
consumption is allowed is restricted to persons aged 21 and older;
(2) marijuana consumption is not visible from any public place or
non-age restricted area; and (3) sale or consumption of alcohol or
tobacco is not allowed on the premise.
Marijuana  No marijuana or marijuana products may be sold unless a
establishments - representative sample of such marijuana or marijuana product has
testing and been tested by a certified testing service to determine: (1) whether
labeling the chemical profile of the sample conforms to the labeled content
of compounds; and (2) that the presence of contaminants does not
exceed the levels in the most current version of the American
Herbal Pharmacopoeia monograph.
 Testing must be performed in a manner consistent with general
requirements for the competence of testing and calibrations
activities.
 Public Health is to develop procedures to: (1) ensure that testing of
marijuana and marijuana products occurs prior to distribution to
retailers, microbusinesses, or nonprofits; (2) specify how often
licensees shall test marijuana and marijuana products; and (3)
require destruction of harvested batches whose testing samples
indicate noncompliance with standards.

© 2016 Research is current as of December 23, 2016. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or jwoodruff@namsdl.org with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
13 opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 100 ½ East Main Street,
Suite C, Manchester, IA 52057.
 NAMSDL – Marijuana: Comparison of State Laws Legalizing Personal, Non-Medical Use

CALIFORNIA
Marijuana  Prior to delivery or sale at a retailer, marijuana and marijuana
establishments - products must be placed in a re-sealable, child resistant package.
testing and  Packages and labels cannot be attractive to children.
labeling  All marijuana and marijuana product labels and inserts must have
(continued) the following information, among other things: (1) manufacture
date and source; (2) for packages containing only dried flower, the
net weight of marijuana in the package; (3) identification of the
source and date of cultivation, the type of marijuana or marijuana
product and the date of manufacturing and packaging; (4)
appellation of origin, if any; (5) list of pharmacologically active
ingredients, including, but not limited to THC, CBD, and other
cannabinoid content; (6) the THC and other cannabinoid amount in
milligrams per serving, servings per package; (7) the potency of the
marijuana or marijuana product; (8) for marijuana products, a list of
all ingredients and disclosure of nutritional information; (9) a list of
any solvents, nonorganic pesticides, herbicides, and fertilizers that
were used; (10) a warning if nuts or other known allergens are
used; and (11) information associated with the unique identifier
issued by the Department of Food and Agriculture.
 All marijuana and marijuana products must have one of the
following two statements, in bold print: (1) for marijuana –
“GOVERNMENT WARNING: THIS PACKAGE CONTAINS
MARIJUANA, A SCHEDULE I CONTROLLED SUBSTANCE.
KEEP OUT OF REACH OF CHILDREN AND ANIMALS.
MARIJUANA MAY ONLY BE POSSESSED OR CONSUMED
BY PERSONS 21 YEARS OF AGE OR OLDER UNLESS THE
PERSON IS A QUALIFIED PATIENT MARIJUANA USE
WHILE PREGNANT OR BREASTFEEDING MAY BE
HARMFUL. CONSUMPTION OF MARIJUANA IMPAIRS
YOUR ABILITY TO DRIVE AND OPERATE MACHINERY
PLEASE USE EXTREME CAUTION”; and (2) for marijuana
products - “GOVERNMENT WARNING: THIS PRODUCT
CONTAINS MARIJUANA, A SCHEDULE I CONTROLLED
SUBSTANCE. KEEP OUT OF REACH OF CHILDREN AND
ANIMALS. MARIJUANA PRODUCTS MAY ONLY BE
POSSESSED OR CONSUMED BY PERSONS 21 YEARS OF
AGE OR OLDER UNLESS THE PERSON IS A QUALIFIED
PATIENT. THE INTOXICATING EFFECTS OF MARIJUANA
PRODUCTS MAY BE DELAYED UP TO TWO HOURS.
MARIJUANA USE WHILE PREGNANT OR BREASTFEEDING
MAY BE HARMFUL. CONSUMPTION OF MARIJUANA
PRODUCTS IMPAIRS YOUR ABILITY TO DRIVE AND
OPERATE MACHINERY. PLEASE USE EXTREME
CAUTION.”
© 2016 Research is current as of December 23, 2016. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or jwoodruff@namsdl.org with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
14 opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 100 ½ East Main Street,
Suite C, Manchester, IA 52057.
 NAMSDL – Marijuana: Comparison of State Laws Legalizing Personal, Non-Medical Use

CALIFORNIA
Marijuana  Food and Agriculture, in consultation with the Bureau and the
tracking system California Board of Equalization, is to expand the “track and trace
program” used for the medicinal use of marijuana to include the
reporting of the movement of marijuana and marijuana products
throughout the distribution chain.
 Program must include an electronic seed to sale software tracking
system with data points for the different stages of commercial
activity including, but not limited to, cultivation, harvest,
processing, distribution, inventory, and sale.
 Food and Agriculture to establish a program for the identification
of permitted marijuana plants at a cultivation site during the
cultivation period, with a unique identifier issued for each plant.
Driving during /  Under California law, “it is unlawful for a person who is under the
after use influence of any drug to drive a vehicle.”
 Marijuana law provides that it is not legal for a person to possess an
open container or open package of marijuana or marijuana products
while driving, operating, or riding in the passenger seat or
compartment of a motor vehicle or other vehicle.
 Marijuana laws provide that it is illegal to smoke or ingest
marijuana or marijuana products while: (1) driving or operating a
motor vehicle; and (2) while riding in the passenger seat or
compartment of a motor vehicle, except as permitted in a motor
vehicle for transportation so long as no person under age 21 is
present.
Exemption from “Marijuana and marijuana products involved in any way with conduct
penalty provided deemed lawful by this section are not contraband nor subject to seizure,
by law and no conduct deemed lawful by this section shall constitute the basis
for detention, search, or arrest.”
Effect of law on  Law does not prevent public and private employers from
employers and maintaining a drug and alcohol free workplace.
landlords  Law does not require an employer to permit or accommodate the
use, consumption, possession, transfer, display, transportation, sale,
or growth of marijuana in the workplace.
 Law does not prevent employers from prohibiting the use of
marijuana by employees and prospective employees, or prevent
employers from complying with state or federal law.
 Law does not restrict the ability of a state or local government
agency to prohibit any of the activities allowed by the law within a
building owned, leased, or occupied by the state or local
government agency.
 Law does not restrict the ability of an individual or private entity to
prohibit otherwise allowed conduct on the individual’s or entity’s
privately owned property.
© 2016 Research is current as of December 23, 2016. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or jwoodruff@namsdl.org with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
15 opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 100 ½ East Main Street,
Suite C, Manchester, IA 52057.
 NAMSDL – Marijuana: Comparison of State Laws Legalizing Personal, Non-Medical Use

CALIFORNIA
Taxes on As of January 1, 2018, there is a cultivation tax (to be paid by
marijuana cultivators) on all harvested marijuana that enters the commercial
establishments market of $9.25 per ounce of flowers and $2.75 per ounce of leaves.
Retail taxes  As of January 1, 2018, there is an excise tax of 15% imposed on
purchasers of marijuana or marijuana products that applies to the
full price.
 Excise tax is in addition to the sales and use tax imposed by the
state and local governments.
 County may impose an additional tax on the privilege of
cultivating, manufacturing, producing, processing, preparing,
storing, providing, donating, selling, or distributing marijuana.
Fund(s) created  Medical Marijuana Regulation and Safety Act Fund is renamed the
Marijuana Control Fund (the “Fund”).
 Fund consists of all taxes, interest, penalties, and other amounts
collected and paid less payment of refunds.
 Cal. Revenue and Taxation Code § 34019 to contain an extensive
listing of the allowed disbursements (and order of disbursements)
from the Fund; disbursements include $10M annually to a public
university or universities for research and $3M annually to the
California Highway Patrol for research into impairment.
Studies required  Controller is to disburse $10M annually for ten fiscal years
or requested (beginning 2018-19) to a public university or universities to
research and evaluate the implementation and effect of the law and,
if appropriate, make recommendations to the California Legislature
and Governor regarding possible amendments.
 Controller to disburse $3M annually to the Department of the
California Highway Patrol for four years (beginning fiscal year
2018-2019) to establish and adopt protocols to determine whether a
driver is operating a vehicle while impaired, including impairment
by the use of marijuana or marijuana products.
 By March 1, 2018, the California Division of Occupational Safety
and Health shall convene an advisory committee to evaluate
whether there is a need to develop industry-specific regulations
related to marijuana establishment activities, including whether
specific requirements are needed to address exposure to second-
hand marijuana smoke and the potential risks of combustion,
inhalation, armed robberies, or repetitive strain injuries.

© 2016 Research is current as of December 23, 2016. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or jwoodruff@namsdl.org with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
16 opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 100 ½ East Main Street,
Suite C, Manchester, IA 52057.
 NAMSDL – Marijuana: Comparison of State Laws Legalizing Personal, Non-Medical Use

COLORADO
Statute(s) Colo. Const. art. XVIII, § 16; C.R.S.A §§ 12-43.4-101 to 12-43.4-
1101; § 18-3-106; § 18-3-205; §§ 39-28.8-201 to 39-28.8-502;
§ 42-4-1301.
Effective date December 10, 2012. The law will be repealed on September 1, 2019,
absent additional legislative action.
Regulations 1 CCR 212-2.102 to 212-2.1704. A number of changes to the
regulations took effect on January 1, 2017.
Regulating Colorado Department of Revenue, Marijuana Enforcement Division
authority (“MED”), also referred to in the law as the State Licensing Authority
(“SLA”).
Website https://www.colorado.gov/pacific/enforcement/marijuanaenforcement.
Types of Marijuana stores, cultivation facilities, product manufacturers, testing
marijuana facilities, transporters, and business operators.
establishments
Status of market Operational. Retail stores first opened January 1, 2014. According to
MED data, as of December 1, 2016, there are 454 stores, 625
cultivation facilities, 236 product manufacturers, and 14 testing
facilities licensed in Colorado.
Amount of  Limit for possession, use, purchase, or transfer without
marijuana allowed remuneration is one ounce of retail marijuana flower.
 Legal to possess or use marijuana accessories.
 In terms of retail purchases, one ounce of flower is equivalent to
either eight grams of marijuana concentrate or 80 ten milligram
servings of THC in marijuana products.
Restrictions on the  Must be age 21 or older to possess, purchase or consume
use of marijuana marijuana; it is a Class 2 misdemeanor for an underage person to
buy or possess retail marijuana.
 Cannot consume marijuana “openly and publicly or in a manner
that endangers others.”
Home cultivation -  Allowed to cultivate up to six plants, with three or fewer being
requirements and mature, flowering plants.
restrictions  Allowed to possess the marijuana produced by the plants on the
premises where the plants are cultivated.
 Growing must take place in an enclosed, locked space and not
conducted “openly or publicly.”
 Homemade products cannot be made available for sale.

© 2016 Research is current as of December 23, 2016. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or jwoodruff@namsdl.org with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
17 opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 100 ½ East Main Street,
Suite C, Manchester, IA 52057.
 NAMSDL – Marijuana: Comparison of State Laws Legalizing Personal, Non-Medical Use

COLORADO
Marijuana  Application fees are split 50/50 between MED and local
establishment – jurisdiction.
fees  New license application fees $500 (if a current medical licensee
seeking to convert or adding a retail establishment); $1,000 (testing
facility; $5,000 (all others).
 Renewal application fee $300 (unless renewal is late).
 New annual license fee $2,000 (retail store); $1,500 (all others).
 Renewal annual license fee $1,500.
 License fee for cultivate facility applies only to cultivators with
fewer than 1,800 plants; cultivators can be approved for additional
numbers of plants, at an increased annual fee.
 Fees exist for individual licensees and administrative changes.
Marijuana  Completed applications for new licenses must be approved or
establishment denied by MED within 45-90 days after receipt.
application  Application must be approved by local jurisdiction where facility is
process located and licensee may not operate until that approval is received.
 Applicant has one year from the date of licensing by SLA to gain
local approval or licensing.
 Marijuana establishment must disclose all business interests at the
time of initial application and at the time of each renewal
application; business interests include “Financial Interests” and
“Affiliated Interests”; any Financial Interest must be pre-approved
by MED.
 If proposed licensee is determined to be a closely-held entity, there
are additional disclosures that must be made to MED.
 Fingerprint-based criminal history record check for all owners,
officers, managers, contractors, employees, and other support staff
of entities.
Marijuana  Owner of a testing facility cannot own any other type of facility.
establishments -  Entities with existing medical marijuana establishment licenses can
ownership hold retail licenses.
requirements and  Retail marijuana business may be comprised of an unlimited
restrictions number of direct beneficial interest owners that have been residents
of Colorado for at least one year prior to the date of the application.
 Publicly-traded company cannot be a direct beneficial interest
owner.
 As of January 1, 2017, a retail marijuana business that is comprised
of one or more direct beneficial interest owners who have not been
Colorado residents for at least one year prior to application shall
have at least one officer who has been a Colorado resident for at
least one year prior to application and all officers with day-to-day
operational control over the business must be Colorado residents
for at least one year prior to application.
© 2016 Research is current as of December 23, 2016. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or jwoodruff@namsdl.org with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
18 opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 100 ½ East Main Street,
Suite C, Manchester, IA 52057.
 NAMSDL – Marijuana: Comparison of State Laws Legalizing Personal, Non-Medical Use

COLORADO
Marijuana  Proposed owner must be at least age 21 and, among other things,
establishments - cannot have failed to file tax returns related to any personal or
ownership medical marijuana establishment.
requirements and  Subject to certain exceptions, a licensee cannot be a person
restrictions convicted of a controlled substances felony within past 10 years or
(continued) with other felony conviction(s) discharged within past five (5)
years.
 Owners cannot be persons who are not of good moral character or
are financed by, or employ someone whose past criminal record
indicates they are not of good moral character.
 Owners cannot be sheriffs, deputy sheriffs, police officers,
prosecuting officers, or employee of SLA.
 Cannot hold a secured interest in marijuana or marijuana products.
 Qualified Institutional Investors may hold ownership interests, in
the aggregate, of 30% or less in the Retail Marijuana
Establishment.
 All applications for transfers of ownership and changes in licensed
entities by marijuana establishments must be reported to the State
Licensing Authority or its designee and relevant local jurisdiction
at least 30 days prior to any requested transfer or change.
Marijuana  All managers and employees of a retail marijuana establishment
establishments – shall be residents of Colorado upon the date of their license
operational application.
requirements and  Retail marijuana or retail marijuana products may not be consumed
restrictions on the premises of any establishment.
 Areas where marijuana is cultivated, stored, weighed, packaged, or
tested are “limited access areas” and only authorized persons (or
visitors chaperoned by authorized persons) may enter.
 Establishments are prohibited from selling or giving away any
consumable product, including but not limited to cigarettes or
alcohol, or edible product that does not contain marijuana.
 Medical marijuana licensed operation and retail marijuana
establishment with common ownership may be operated at the
same location if: (1) the medicinal use establishment does not allow
persons under age 21 on the premises; and (2) if the local
jurisdiction permits such a dual operation.
 Cannot sell, serve, distribute, or initiate the transport of marijuana
or marijuana products at any time other than between 8:00 am and
12:00 am.
 Online sales are not allowed.
 As of October 2017, edible marijuana products in the shape of a
human, animal, or fruit; or a shape that bears the likeness of a
realistic or fictional human, animal or character are not allowed.
© 2016 Research is current as of December 23, 2016. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or jwoodruff@namsdl.org with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
19 opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 100 ½ East Main Street,
Suite C, Manchester, IA 52057.
 NAMSDL – Marijuana: Comparison of State Laws Legalizing Personal, Non-Medical Use

COLORADO
Marijuana  No false, deceptive or misleading ads.
establishments –  Cannot use TV/ internet/radio/print media advertising unless less
operational than 30% of target audience is under 21.
requirements and  Cannot use ads or logos that appeal to minors or target out-of-state
restrictions residents.
(continued)  Cannot assert that products are “safe”.
 Retail establishment ads or signs cannot be visible to public from
street, sidewalk, park or other public place except for fixed sign
located on premises.
 Each individually packaged edible marijuana product, even if
comprised of multiple servings, may include no more than a total of
100 milligrams of active THC.
 All cultivation facility licenses granted after November 30, 2015,
authorize production of no more than 1,800 plants at any given
time, subject to allowed increase by MED.
 Retail establishment must retain books and records necessary to
fully account for the business transactions conducted under its
license for the current year and three preceding years; most recent
six months of records must be on premises.
Marijuana  MED can inspect on-premises records on demand anytime during
establishment - business hours and off premises records must be provided within
inspections three days of request by MED.
 Establishments are subject to inspection by the local fire
department, building inspector, or code enforcement officer to
confirm that no health or safety concerns are present.
 When the SLA deems it necessary, it may require an establishment
to undergo an audit by an independent accountant; scope of the
audit may include, but need not be limited, to financial transactions
and inventory control measures.
 Applicants and licensees must cooperate with MED employees of
the Division who are conducting inspections or investigations.
Marijuana  Local jurisdiction may prohibit the operation of retail marijuana
establishments - establishments through the enactment of an ordinance or through a
local control referred or initiated measure.
 If a county acts to prohibit establishments through an initiated
measure, the proponents must submit a petition signed by not less
than 15% of the registered electors in the county.
 Any local jurisdiction may enact ordinances or regulations
governing the time, place, manner, and number of retail marijuana
establishments, including a local licensing requirement.
 If a local jurisdiction issues local licenses, they may schedule a
public hearing on the application.

© 2016 Research is current as of December 23, 2016. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or jwoodruff@namsdl.org with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
20 opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 100 ½ East Main Street,
Suite C, Manchester, IA 52057.
 NAMSDL – Marijuana: Comparison of State Laws Legalizing Personal, Non-Medical Use

COLORADO
Marijuana  Cultivation or manufacturing facility cannot sell any product until
establishments - its cultivation or production process has been validated through
testing and contaminant testing.
labeling  Facilities must also have samples taken for testing from 10% of
harvest or production batches.
 Retail establishments may be required to submit samples for testing
based on random or risk-based processes.
 Testing must also verify THC potency representations and
homogeneity for correct labeling and provide a cannabinoid profile
for the marijuana product.
 Labels for marijuana and marijuana products must contain, at the
very least: (1) warning labels; (2) amount of THC per serving and
the number of servings per package for marijuana products; (3) a
universal symbol indicating the package contains marijuana; and
(4) the potency of the retail marijuana or retail marijuana product
highlighted on the label.
Marijuana  All operational licensed establishments must have an active
tracking system Marijuana Inventory Tracking System (“METRC”), a radio-
frequency identification system (“RFID”), account and have all
inventory and plants associated with an RFID tag prior to their first
transfer or sale of marijuana or marijuana product inventory.
 Establishments must reconcile transactions to METRC on a daily
basis.
Driving during /  It is illegal to drive “under the influence” or “while impaired” by
after use one or more drugs.
 In addition, there is a permissible inference that a person is “under
the influence” of a drug if his or her THC level in blood is greater
than or equal to 5.0 ng/ml, at the time of the offense “or within a
reasonable time thereafter.”
 A person in the passenger area of a motor vehicle may not use
marijuana or have an open marijuana container in their possession.
Exemption from The possession and use of marijuana in accordance with state law by a
penalty provided person aged 21 or older are acts that “are not unlawful and shall not be
by law an offense under Colorado law or the law of any locality within
Colorado or be a basis for seizure or forfeiture of assets under Colorado
law.”

© 2016 Research is current as of December 23, 2016. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or jwoodruff@namsdl.org with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
21 opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 100 ½ East Main Street,
Suite C, Manchester, IA 52057.
 NAMSDL – Marijuana: Comparison of State Laws Legalizing Personal, Non-Medical Use

COLORADO
Effect of law on  Law does not require an employer to permit or accommodate the
employers and use, consumption, possession, transfer, display, transportation, sale
landlords or growing of marijuana in the workplace or to affect the ability of
employers to have policies restricting the use of marijuana by
employees.
 Law does not prohibit a person, employer, school, hospital,
detention facility, corporation or any other entity who occupies,
owns or controls a property from prohibiting or otherwise
regulating the possession, consumption, use, display, transfer,
distribution, sale, transportation, or growing of marijuana on or in
that property.
 Law does not prohibit a person, employer, school, hospital,
detention facility, corporation or any other entity who occupies,
owns or controls a property from prohibiting or otherwise
regulating the possession, consumption, use, display, transfer,
distribution, sale, transportation, or growing of marijuana on or in
that property.
Taxes on Retail marijuana is subject to a 15% excise tax on the first sale of
marijuana marijuana from a cultivation facility to a store, product manufacturing
establishments facility, or another cultivation facility. The tax is applied to the
average market price of the marijuana. Average market prices are
developed for seeds, immature plants, wet whole plant, bud and trim.
Retail taxes  Retail marijuana sales are subject to a 10% special sales tax plus
Colorado’s regular 2.9% state sales tax.
 Localities are entitled to apply their own general sales tax to
marijuana, but they cannot establish marijuana specific taxes.
Fund(s) created  Marijuana Tax Cash Fund (“Marijuana Fund”).
 The first $40 million from excise tax on producers goes to Public
School Capital Construction Assistance Fund, with the remainder
to the Marijuana Fund.
 15% of the special retail sales tax is distributed to local
governments that allow retail marijuana sales, with the remaining
85% to the Marijuana Fund.
 Amounts transferred to the Marijuana Fund may be appropriated by
legislature in any fiscal year following the year of receipt towards
the following programs, among other things: studies of law
enforcement activities and costs, marijuana education and
prevention campaigns for public and law enforcement, obtaining
health data about marijuana and other drug use, school-based
prevention, and community-based marijuana prevention programs.
Studies required MED must gather data and study law enforcement’s activity and costs
or requested related to the personal, non-medical use of marijuana in Colorado in
2006-2007 as compared to 2014-2015.
© 2016 Research is current as of December 23, 2016. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or jwoodruff@namsdl.org with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
22 opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 100 ½ East Main Street,
Suite C, Manchester, IA 52057.
 NAMSDL – Marijuana: Comparison of State Laws Legalizing Personal, Non-Medical Use

DISTRICT OF COLUMBIA
Statute(s) DC Code §§ 22-571.01; 47-2844; 48-904.01; 48-911.01; 48-1103.
Effective date February 26, 2015.
Regulations None adopted to date.
Regulating None.
authority
Website http://mpdc.dc.gov/page/facts-dc-marijuana-laws.
Types of Not allowed. District of Columbia law allows the possession, use, and
marijuana home cultivation of marijuana only. It does not address (and thus does
establishments not legalize) retail cultivation or the retail sale of marijuana.
Status of market N/A
Amount of  May possess, use, purchase, or transport marijuana weighing two
marijuana allowed ounces or less.
 May transfer marijuana weighing one ounce or less to another
person (age 21 or older) without remuneration.
Restrictions on the  Must be aged 21 or older to possess, use, purchase or transport.
use of marijuana  Cannot possess or consume marijuana on federal property (about
20% of land area in District).
 Cannot possess or consume marijuana in a public place, which
includes anywhere that the public is invited; a “private club,”
including “any building, facility, or premises used or operated by
an organization or association for a common avocational purpose,
such as a fraternal, social, educational, or recreational purpose” is
considered a place where the public is invited (and thus marijuana
social clubs are not allowed).
 Cannot possess or consumer marijuana in a drug free zone, which
includes: (1) all areas within 1,000 feet of an appropriately
identified public or private day care center, elementary school,
vocational school, secondary school, junior college, college, or
university; (2) any public swimming pool, playground, video
arcade, youth center, or public library, or (3) in and around public
housing.
Home cultivation -  May possess, grow, harvest, or process, within the interior of a
requirements and house or rental unit that constitutes such person’s principal
restrictions residence, no more than six cannabis plants, with three or fewer
being mature, flowering plants.
 All persons residing within a single house or single rental unit may
not possess, grow, harvest, or process collectively more than 12
cannabis plants, with six or fewer being mature, flowering plants.
Marijuana N/A
establishment –
fees
© 2016 Research is current as of December 23, 2016. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or jwoodruff@namsdl.org with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
23 opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 100 ½ East Main Street,
Suite C, Manchester, IA 52057.
 NAMSDL – Marijuana: Comparison of State Laws Legalizing Personal, Non-Medical Use

DISTRICT OF COLUMBIA
Marijuana N/A
establishment
application
process
Marijuana N/A
establishments -
ownership
requirements and
restrictions
Marijuana N/A
establishments –
operational
requirements and
restrictions
Marijuana N/A
establishment -
inspections
Marijuana N/A
establishments -
local control
Marijuana N/A
establishments -
testing and
labeling
Marijuana N/A
tracking system
Driving during / In the District of Columbia, it is illegal to drive while either
after use “intoxicated” or “under the influence” of any drug. The marijuana-
specific laws do not address driving during or after marijuana use.
Exemption from “Notwithstanding any provision of this chapter to the contrary, it shall
penalty provided be lawful, and shall not be an offense under District of Columbia law,
by law for any person 21 years of age or older to” possess or use marijuana in
accordance with the law.
Effect of law on  Law does not require any District government agency or office, or
employers and any employer, to permit or accommodate the use, consumption,
landlords possession, transfer, display, transportation, sale, or growing of
marijuana in the workplace.
 Law does not restrict the ability of any agency, office, or employer
to establish and enforce policies restricting the use of marijuana by
employees.

© 2016 Research is current as of December 23, 2016. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or jwoodruff@namsdl.org with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
24 opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 100 ½ East Main Street,
Suite C, Manchester, IA 52057.
 NAMSDL – Marijuana: Comparison of State Laws Legalizing Personal, Non-Medical Use

DISTRICT OF COLUMBIA
Effect of law on  An employer may only test a prospective employee for marijuana
employers and use after a conditional offer of employment has been extended,
landlords unless otherwise required by law.
(continued)  No District government agency or office shall limit or refuse to
provide any facility service, program, or benefit to any person
based upon or by reason of allowed conduct.
 Law does not prohibit any person, business, corporation,
organization, or other entity, or District government agency or
office, who or which occupies, owns, or controls any real property,
from prohibiting or regulating the possession, consumption, use,
display, transfer, distribution, sale, transportation, or growing of
marijuana on or in that property.
Taxes on N/A
marijuana
establishments
Retail taxes N/A
Fund(s) created N/A
Studies required None.
or requested

© 2016 Research is current as of December 23, 2016. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or jwoodruff@namsdl.org with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
25 opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 100 ½ East Main Street,
Suite C, Manchester, IA 52057.
 NAMSDL – Marijuana: Comparison of State Laws Legalizing Personal, Non-Medical Use

MAINE
Statute(s) Maine Marijuana Legalization Measure (known as “Question 1” on the
November 2016 ballot). 7 M.R.S.A. §§ 2441 to 2454;
36 M.R.S.A. § 1817.
Effective date January 30, 2017 (30 days after December 31, 2016, when the Maine
Governor signed a proclamation enacting Question 1).
Regulations None adopted to date. Under the law, regulations are to be adopted
within nine months of the effective date.
Regulating Maine Department of Agriculture, Conservation and Forestry (“state
authority licensing authority” or “SLA”).
Website None to date.
Types of Retail marijuana store, retail marijuana social club, retail marijuana
marijuana cultivation facility, retail marijuana products manufacturing facility,
establishments and retail marijuana testing facility.
Status of market Not operational at this time.
Amount of  Person aged 21 or older may use, possess, or transport marijuana
marijuana allowed accessories and up to 2 1/2 ounces of prepared marijuana.
 May transfer or furnish, without remuneration, up to 2 1/2 ounces
of marijuana and up to six immature plants or seedlings to a person
who is 21 years of age or older.
 May possess, grow, cultivate, process, or transport up to six
flowering marijuana plants, 12 immature plants, and unlimited
seedlings, and possess all the marijuana produced by the plants at
the adult’s residence.
 May purchase up to 2 1/2 ounces of retail marijuana and marijuana
accessories from a retail marijuana store.
 May purchase up to 12 seedlings or immature plants from a retail
marijuana cultivation facility.
Restrictions on the  Must be age 21 or older to purchase or consume.
use of marijuana  Cannot consume marijuana in a public place. A violation is a civil
penalty subject to a fine up to $100.
 Cannot consume marijuana on federal property.
 Restrictions on smoking tobacco products in specified areas also
apply to smoking marijuana.
 Cannot consume marijuana in any retail marijuana establishment
other than a marijuana social club.

© 2016 Research is current as of December 23, 2016. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or jwoodruff@namsdl.org with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
26 opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 100 ½ East Main Street,
Suite C, Manchester, IA 52057.
 NAMSDL – Marijuana: Comparison of State Laws Legalizing Personal, Non-Medical Use

MAINE
Home cultivation -  Person age 21 or older may cultivate up to six flowering marijuana
requirements and plants at that person’s place of residence, on property owned by
restrictions that person, or on another person’s property with written
permission of the owner of the property.
 Marijuana plants cannot be visible from a public way without the
use of binoculars, aircraft or other optical aids.
 Must take reasonable precautions to prevent unauthorized access by
a person under 21 years of age.
 Must have a legible tag on each marijuana plant that includes, at
least the person’s name and Maine driver’s license number or
Maine identification number.
Marijuana  Statutes enacted through Question 1 contain permissible ranges of
establishment – fees; SLA is to establish actual fees through regulation.
fees  Retail marijuana store annual license fee of $250 to $2,500.
 Retail marijuana cultivation facility annual license fee of $10 to
$100 per unit block (10’x 10’ block of marijuana canopy).
 Retail marijuana products manufacturing facility annual license
of $100 to $1,000.
 Retail marijuana testing facility annual license of $500.
 Retail marijuana social club annual license of $250 to $2,500.
 Application fees of $10 to $250.
 Licenses are effective for one year.
Marijuana  Applicant may apply for and be granted more than one type of
establishment – license except that a person licensed as a retail marijuana testing
application facility may not hold any other retail marijuana establishment
process license.
 SLA to issue or renew a license to operate a retail marijuana
establishment within 90 days of the date of receipt of the
application that meets all requirements unless the applicant is not in
compliance with laws or the maximum number of establishments
has been reached.
 Caregivers and dispensaries who are registered under the medicinal
use of marijuana laws and who have held a registration in good
standing for two years must be given priority in the granting of
marijuana establishment licenses.
 SLA cannot limit the number of retail marijuana stores.
 Municipality may regulate the number of retail marijuana stores,
the location and operation of retail marijuana establishments, and
may prohibit their operation.
 SLA may establish limitations on amount of marijuana cultivation.

© 2016 Research is current as of December 23, 2016. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or jwoodruff@namsdl.org with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
27 opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 100 ½ East Main Street,
Suite C, Manchester, IA 52057.
 NAMSDL – Marijuana: Comparison of State Laws Legalizing Personal, Non-Medical Use

MAINE
Marijuana  Any natural person who applies for a license must be age 21.
establishments –  There is a criminal history check as part of application, which
ownership involves submitting fingerprints for state and federal law
requirements and enforcement background investigation.
restrictions  Any establishment license application must also be approved by the
municipality where the establishment is located.
 Transfers of ownership are allowed if both SLA and municipality
approve.
 No licensee may have had a marijuana license revoked, or been
convicted of a “disqualifying drug offense,” which means a
conviction for a violation of a state or federal controlled substance
law that is a crime punishable by imprisonment for five years or
more (unless any probation or incarceration was completed more
than 10 years ago).
 Sheriff, deputy sheriff, police officer, prosecuting officer, or an
officer or employee of SLA or a municipality may not be a
licensee.
 SLA must require a complete disclosure of all persons having a
direct or indirect financial interest, and the extent of such interest,
in each license issued under this chapter.
 Occupational licenses and registrations are required for owners,
managers, operators, employees, contractors and other support staff
employed at, working in or having access to restricted access areas
of the licensed premises; SLA to adopt rules governing procedure
for individual identification cards.
Marijuana  No more than six retail marijuana cultivation facilities or more than
establishments – 300 unit blocks of plant canopy may be located on the same parcel
operational of property.
requirements and  Amount of space approved for all marijuana cultivation statewide is
restrictions limited to 800,000 square feet of plant canopy, unless SLA allows
an additional amount.
 If SLA imposes disciplinary action against an establishment, the
action can include an order that that some or all of the licensee’s
marijuana or marijuana products is not retail marijuana or a retail
marijuana product and is an illegal controlled substance.
Specific to retail stores:
 Cannot sell or give away any consumable product not containing
marijuana, including cigarettes, alcohol, and food.
 Automatic dispensing machines that contain retail marijuana and
retail marijuana products are prohibited.
 A retail marijuana product may not contain an additive designed to
make the product more appealing to children.

© 2016 Research is current as of December 23, 2016. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or jwoodruff@namsdl.org with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
28 opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 100 ½ East Main Street,
Suite C, Manchester, IA 52057.
 NAMSDL – Marijuana: Comparison of State Laws Legalizing Personal, Non-Medical Use

MAINE
Marijuana Specific to retail stores:
establishments –  Cannot: (1) display any signs that are inconsistent with local laws
operational or regulations; (2) use advertising material that is misleading,
requirements and deceptive or false, or that is designed to appeal to a person under 21
restrictions years of age; (3) sell retail marijuana or retail marijuana products to
(continued) a person under 21 years of age without checking the person’s
identification; or (4) have on the licensed premises any retail
marijuana, retail marijuana products or marijuana paraphernalia
that shows evidence of consumption.
 SLA to adopt rules to prohibit certain signs, marketing and
advertising.
Specific to cultivation facilities:
 Cultivation facility may have a retail marijuana store if it is located
on the same licensed premises as the retail marijuana cultivation
facility.
Specific to products manufacturing facilities:
 Can cultivate marijuana if also hold a cultivation license.
 May not add marijuana to a food product if the manufacturer of the
food product holds a trademark to the food product’s name (unless
the food product is just used as an ingredient).
 Cannot intentionally or knowingly label or package a retail
marijuana product in a manner that would cause a reasonable
consumer confusion as to whether the retail marijuana product was
a trademarked food product.
Specific to marijuana social clubs:
 All retail marijuana and retail marijuana products purchased at a
licensed retail marijuana social club must be consumed or disposed
of on and may not be taken off the licensed premises.
 Must be at least age 21 to be on premises.
Marijuana  Licensee must keep a complete set of all records necessary to show
establishment – fully the business transactions of the licensee, all of which must be
inspections open at all times during business hours for the inspection and
examination by SLA or authorized representatives.
 SLA may require an audit on such occasions as it may consider
necessary by an auditor to be selected by SLA, with costs paid for
by licensee.
 Licensed premises, including any places of storage, where retail
marijuana or retail marijuana products are stored, cultivated, sold,
dispensed or tested are subject to inspection by the State or the
municipality.

© 2016 Research is current as of December 23, 2016. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or jwoodruff@namsdl.org with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
29 opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 100 ½ East Main Street,
Suite C, Manchester, IA 52057.
 NAMSDL – Marijuana: Comparison of State Laws Legalizing Personal, Non-Medical Use

MAINE
Marijuana  SLA may on its own motion or on complaint, after investigation
establishment – and opportunity for a public hearing, fine a licensee or to suspend
inspections or revoke a license for a violation; fine imposed may not be less
(continued) than $500 nor more than $10,000.
Marijuana  Local municipality may regulate retail marijuana establishments
establishments – and retail marijuana social clubs that are at least as restrictive as
local control state law.
 Marijuana establishment may not operate until it is licensed by
SLA and approved by the municipality in which it is located.
 If an application is denied by the municipality, a licensee has 90
days to locate and obtain legal interest in another property in a
municipality that approves of the retail marijuana establishment or
retail marijuana social club before the license is revoked.
 Municipality may impose a separate local licensing requirement as
a part of its restrictions on time, place, manner and the number of
marijuana businesses.
Marijuana  SLA must establish a retail marijuana and retail marijuana products
establishments – independent testing and certification program.
testing and  Testing must include analysis for residual solvents, poisons, and
labeling toxins, harmful chemical, dangerous molds and mildew, harmful
microbes, such as Escherichia coli and salmonella, and pesticides.
 Testing must verify THC potency representations for correct
labeling.
 Marijuana and marijuana products sold at retail must contain labels
listing: (1) license number of the retail marijuana cultivation
facility license; (2) license number of the retail marijuana store
license; (3) an identity statement and a universal symbol; (4) batch
number; (5) net weight statement; (6) THC potency and the potency
of such other cannabinoids or other chemicals; (7) warning labels;
(8) solvents used in marijuana extraction; (9) amount of THC per
serving and the number of servings per package for retail marijuana
products; (10) list of ingredients and possible allergens for retail
marijuana products; (11) recommended use date or expiration date
for retail marijuana products; and (12) nutritional fact panel for
edible retail marijuana products.
Marijuana Marijuana establishments are required to track all marijuana or
tracking system marijuana products from the point of entry into the business (or
seed/plant if a cultivation facility) to the point of sale or transfer.
Driving during / There is no provision in Question 1 regarding the use of marijuana
after use before or while driving. Under Maine law, a person commits an offense
if they operate a vehicle “[w]hile under the influence of intoxicants.”
Intoxicants are defined as “alcohol, a drug other than alcohol, a
combination of drugs or a combination of alcohol and drugs.”
© 2016 Research is current as of December 23, 2016. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or jwoodruff@namsdl.org with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
30 opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 100 ½ East Main Street,
Suite C, Manchester, IA 52057.
 NAMSDL – Marijuana: Comparison of State Laws Legalizing Personal, Non-Medical Use

MAINE
Exemption from “[T]he actions specified in this chapter are legal under the laws of this
penalty provided State and do not constitute a civil or criminal offense under the laws of
by law this State or the law of any political subdivision within this State or
serve as a basis for seizure or forfeiture of assets under state law.”
Effect of law on  Law does not require “an employer to permit or accommodate the
employers and use, consumption, possession, trade, display, transportation, sale or
landlords growing of cannabis in the workplace.”
 Law “does not affect the ability of employers to enact and enforce
workplace policies restricting the use of marijuana by employees or
to discipline employees who are under the influence of marijuana in
the workplace.”
 School, employer, or landlord “may not refuse to enroll or employ
or lease to or otherwise penalize a person 21 years of age or older
solely for that person’s consuming marijuana outside of the
school’s, employer’s or landlord’s property.”
 Person may not be denied parental rights and responsibilities with
respect to or contact with a minor child as a result of acting in
accordance with the law, “unless the person’s conduct is contrary to
the best interest of the minor child.”
Taxes on Not addressed by law.
marijuana
establishments
Retail taxes Retails stores and social clubs must collect sales tax of 10% at the point
of final sale.
Fund(s) created  All sales tax revenue is to be deposited in the General Fund.
 Revenue may not be used to directly fund any new state programs
except for the Maine Criminal Justice Academy for the purpose of
training law enforcement personnel on retail marijuana and retail
marijuana products laws and rules.
Studies required Not addressed by law.
or requested

© 2016 Research is current as of December 23, 2016. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or jwoodruff@namsdl.org with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
31 opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 100 ½ East Main Street,
Suite C, Manchester, IA 52057.
 NAMSDL – Marijuana: Comparison of State Laws Legalizing Personal, Non-Medical Use

MASSACHUSETTS
Statute(s) Regulation and Taxation of Marijuana Act (known as “Question 4” on
the November 2016 ballot). M.G.L.A. 10 §§ 76-77;
M.G.L.A. 64N §§ 1 to 5; M.G.L.A. 94G §§ 1 to 14.
Effective date December 15, 2016.
Regulations None adopted to date. According to Question 4, initial regulations
were to be adopted by September 15, 2017. In December 2016, the law
was amended through legislation to push back the deadline for initial
regulations to March 2018.
Regulating Massachusetts Cannabis Control Commission (“Commission”).
authority
Website None to date.
Types of Marijuana cultivator, marijuana testing facility, marijuana product
marijuana manufacturer, and marijuana retailer.
establishments
Status of market Not operational. Under the new law (as amended in December 2016),
if the Commission has not adopted regulations before July 2018,
medical marijuana treatment centers may begin to possess, cultivate,
process, manufacture, package, test, and sell marijuana and marijuana
products until such regulations are adopted.
Amount of  May possess, use, purchase, or transfer (without remuneration) one
marijuana allowed ounce or less of marijuana, except that no more than five grams of
marijuana may be in the form of marijuana concentrate.
 May possess, within the person’s primary residence, up to 10
ounces of marijuana and any marijuana produced by marijuana
plants cultivated on the premises.
 If more than one ounce of marijuana is possessed at a person’s
residence, the amount above one ounce must be “secured by a
lock.”
Restrictions on the  Must be at least 21 years of age to possess, use, purchase, obtain,
use of marijuana cultivate, process, manufacture, deliver or sell or otherwise transfer
marijuana or marijuana accessories.
 Cannot consume in a public place or smoke where smoking tobacco
is prohibited. A violation is a civil penalty of not more than $100.
 Cannot possess or consume marijuana or marijuana accessories on
the grounds of or within a public or private school where children
attend classes in preschool programs, kindergarten programs or
grades one to 12, inclusive, or on the grounds of or within any
correctional facility.

© 2016 Research is current as of December 23, 2016. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or jwoodruff@namsdl.org with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
32 opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 100 ½ East Main Street,
Suite C, Manchester, IA 52057.
 NAMSDL – Marijuana: Comparison of State Laws Legalizing Personal, Non-Medical Use

MASSACHUSETTS
Restrictions on the  Possession (outside the residence) of between one and two ounces,
use of marijuana or possession (inside residence) of between seven and 12 plants is a
(continued) civil penalty subject to a fine of up to $100.
 Unless done pursuant to a marijuana product manufacturer license,
no person can manufacture marijuana or hemp by means of any
liquid or gas, other than alcohol, that has a flashpoint below 100
degrees Fahrenheit.
Home cultivation -  Allowed to cultivate or process up to six marijuana plants for
requirements and personal use so long as not more than 12 plants are cultivated on the
restrictions premises at once.
 Allowed to possess any marijuana produced by marijuana plants
cultivated on the premises.
 Marijuana cannot be visible from a public place without the use of
binoculars, aircraft or other optical aids and must be in an area
equipped with a lock or other security device. A violation is a civil
penalty of up to $300.
Marijuana  Commission to set license fees by regulation.
establishment –  Initial application fee cannot exceed $3,000.
fees
 Annual license for retail marijuana store, product manufacturer, or
cultivator cannot exceed $15,000.
 Annual license for testing facility cannot exceed $10,000.
 Licenses are effective for one year.
Marijuana  Upon receipt of a complete application and fee, the Commission
establishment – must forward a copy of the application to the city or town in which
application the marijuana establishment is to be located.
process  Within 90 days (and assuming locality approves application),
Commission must either: (1) issue the appropriate license; or (2)
send to the applicant a notice of rejection setting forth specific
reasons why the application was denied.
Marijuana  Regulations cannot prohibit a medical marijuana treatment center
establishments – and an experienced marijuana establishment operator from operating
ownership a medical marijuana treatment center and a marijuana establishment
requirements and at a shared location.
restrictions  Individual who will be a controlling person of the proposed
marijuana establishment cannot have been convicted of a felony
(except a prior conviction solely for a marijuana offense unless the
offense involved distribution of a controlled substance to a minor).

© 2016 Research is current as of December 23, 2016. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or jwoodruff@namsdl.org with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
33 opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 100 ½ East Main Street,
Suite C, Manchester, IA 52057.
 NAMSDL – Marijuana: Comparison of State Laws Legalizing Personal, Non-Medical Use

MASSACHUSETTS
Marijuana  Establishment cannot be within 500 feet of a pre-existing public or
establishments – private school providing education in kindergarten or any of grades
operational one through 12 (unless a city or town adopts an ordinance or by-law
requirements and that reduces the distance requirement).
restrictions  Commission may suspend or revoke the license of a licensee for
violating laws and regulations.
 Establishment must secure every entrance so that access to areas
containing marijuana is restricted to employees and others permitted
to access.
 Inventory and equipment must be secured during and after hours.
 Any greenhouse or outdoor marijuana cultivation must have
sufficient security measures to prevent unauthorized entry, including
perimeter security fencing.
 No cultivation, processing, manufacture, sale, or display of
marijuana or marijuana products may be visible from a public place
without the use of binoculars, aircraft or other optical aids.
 No person under 21 years of age may volunteer or work for the
marijuana establishment.
 No marijuana establishment may cultivate, manufacture, sell or
otherwise transact business with any products containing
cannabinoids other than those that were produced, distributed and
taxed in compliance with state law
Marijuana  Commission is required to conduct investigations of compliance and
establishment – perform regular inspections of marijuana establishments and the
inspections books and records of marijuana establishments.
 Establishment may not refuse to allow representatives of the
Commission to inspect the entire premises or audit books and
records.
Marijuana  City or town may adopt ordinances and by-laws that impose
establishments – reasonable safeguards on the operation of marijuana establishments,
local control provided they are not unreasonably impracticable and are not in
conflict with the law.
 Localities may govern the time, place and manner of marijuana
establishment operations and of any business dealing in marijuana
accessories.
 Localities may limit the number of marijuana establishments in the
city or town.
 Locality may restrict the licensed cultivation, processing and
manufacturing of marijuana that is a public nuisance.
 Locality may establish reasonable restrictions on public signs.
 Localities may establish civil penalties for violations.

© 2016 Research is current as of December 23, 2016. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or jwoodruff@namsdl.org with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
34 opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 100 ½ East Main Street,
Suite C, Manchester, IA 52057.
 NAMSDL – Marijuana: Comparison of State Laws Legalizing Personal, Non-Medical Use

MASSACHUSETTS
Marijuana  Limitations must be enacted via a city/town vote if the proposed
establishments – regulation: (1) prohibits the operation of one or more types of
local control establishments; (2) limits the number of establishments to less than
(continued) 20% of the number of retail alcohol establishment licenses; or (3)
limits the number of establishments to less than the number of
medical marijuana treatment centers registered to engage in the
same type of activity in the locality.
Marijuana  Commission to adopt regulations that establish requirements for the
establishments – testing of random samples of marijuana and marijuana products to
testing and verify that marijuana and marijuana products are accurately labeled
labeling and do not contain excess contaminants.
 Labels must include: (1) a symbol or other easily recognizable
mark indicating that the package contains marijuana; (2) an
identification of the marijuana cultivator or the marijuana product
manufacturer who produced the marijuana or marijuana product;
and (3) the amount of THC in a package and in each serving of a
marijuana; (4) the number of servings in a package; and (5) a list of
ingredients and possible allergens.
 Commission to adopt regulations pertaining to labels.
Marijuana Not addressed by law.
tracking system
Driving during /  Law does not amend existing penalties for operating, a motor
after use vehicle while impaired by marijuana or a marijuana product.
 It is illegal to operate a motor vehicle “while under the influence of
intoxicating liquor, or of marijuana, narcotic drugs, depressants or
stimulant substances.”
 Person may not possess an open container of marijuana in the
passenger area of a vehicle while the vehicle is in any publicly
accessed area; a violator faces a civil penalty up to $500.
Exemption from  A person aged 21 years or older who possess, uses, cultivates, or
penalty provided purchases marijuana in accordance with the law “shall not be
by law arrested, prosecuted, penalized, sanctioned or disqualified under the
laws of the commonwealth in any manner, or denied any right or
privilege and shall not be subject to seizure or forfeiture of assets.”
 Absent “clear, convincing and articulable evidence” that there is
“an unreasonable danger to the safety of a minor child,” neither the
presence of cannabinoid components in a person’s bodily fluids nor
conduct permitted under the law can form “the sole or primary
basis” for removal, termination, or denial of custody, visitation or
any other parental right or responsibility.
 As a matter of public policy, contracts related to the operation of
marijuana establishments are enforceable.

© 2016 Research is current as of December 23, 2016. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or jwoodruff@namsdl.org with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
35 opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 100 ½ East Main Street,
Suite C, Manchester, IA 52057.
 NAMSDL – Marijuana: Comparison of State Laws Legalizing Personal, Non-Medical Use

MASSACHUSETTS
Effect of law on  Law does not prevent a person from prohibiting or regulating the
employers and consumption, display, production, processing, manufacture or sale
landlords of marijuana and marijuana accessories on or in property the person
owns, occupies or manages.
 Lease agreement may not prohibit a tenant from consuming
marijuana by a means other than smoking on or in property in
which the tenant resides unless allowing it would cause the landlord
to violate a federal law or regulation.
 Law does not prevent the commonwealth or local government
agency from prohibiting or otherwise regulating the possession or
consumption of marijuana or marijuana accessories within a
building owned, leased or occupied by the commonwealth or
agency.
 An employer is not required to permit or accommodate the use or
possession of marijuana in the workplace.
 Law does not prevent an employer from enforcing workplace
policies restricting the consumption of marijuana by employees.
Taxes on Not addressed by law.
marijuana
establishments
Retail taxes  There is an excise tax (in addition to state sales tax) on the sale of
marijuana or marijuana products by a marijuana retailer to anyone
other than a marijuana establishment at a rate of 3.75 per cent of the
total sales price.
 Any city or town may impose a local sales tax upon the sale or
transfer of marijuana or marijuana products by a marijuana retailer
at a rate not greater than 2 per cent.
Fund(s) created  Marijuana Regulation Fund, which consists of all monies received
as a result of applications for and licensing of marijuana
establishments, all civil penalties received for violations, and
revenue generated by the state tax.
 Monies in the fund shall be expended first for the implementation,
administration and enforcement of the marijuana laws by the
Commission and cities and towns that authorize the operation of
marijuana establishments; any unexpended balances at the end of a
fiscal year may be redeposited in the General Fund.
Studies required Statutorily created Cannabis Advisory Board may study and make
or requested recommendations on the regulation of marijuana and marijuana
products.

© 2016 Research is current as of December 23, 2016. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or jwoodruff@namsdl.org with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
36 opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 100 ½ East Main Street,
Suite C, Manchester, IA 52057.
 NAMSDL – Marijuana: Comparison of State Laws Legalizing Personal, Non-Medical Use

NEVADA
Statute(s) Initiative to Regulate and Tax Marijuana (known as “Question 2” on
the November 2016 ballot). Question 2 does not specify a location in
the Nevada Code for the new laws.
Effective date January 1, 2017.
Regulations None adopted to date. Implementing regulations are to be adopted by
January 1, 2018.
Regulating Nevada Department of Taxation (“Department”).
authority
Website https://tax.nv.gov/FAQs/Retail_Marijuana/.
Types of Marijuana cultivation facility, testing facility, product manufacturing
marijuana facility, distributor, and retail store.
establishments
Status of market Not operational to date. Department is directed to begin receiving
applications for marijuana establishments by January 1, 2018.
Amount of  Person may possess, use, consume, purchase, or transport
marijuana allowed marijuana paraphernalia and one ounce or less of marijuana.
 If marijuana is in a concentrated form, the limit is 1/8th ounce.
 May transfer up to these two amounts to another person age 21 or
older without remuneration.
Restrictions on the  Must be age 21 or older to purchase, transfer, possess, or consume.
use of marijuana  May not possess or use marijuana: (1) on the grounds of a school
providing instruction to preschool, kindergarten, or grades one to
12; or (2) on grounds or within any correctional facility.
Home cultivation -  Each person aged 21 or older is allowed to possess up to six
requirements and marijuana plants for personal use and all marijuana produced by the
restrictions plants; however, no more than 12 plants may be located in any one
residence.
 Cultivation must take place within an enclosed area equipped with
a lock or other security device that allows only authorized entry.
 Unless a person is an agent of a cultivation facility, no one is
allowed to cultivate marijuana within 25 miles of a licensed retail
store.
 Marijuana plants cannot be visible from a public place by unaided
vision.
 Cannot cultivate marijuana without consent of lawful owner.
 For a first violation, it is a misdemeanor with a fine up to $600.

© 2016 Research is current as of December 23, 2016. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or jwoodruff@namsdl.org with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
37 opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 100 ½ East Main Street,
Suite C, Manchester, IA 52057.
 NAMSDL – Marijuana: Comparison of State Laws Legalizing Personal, Non-Medical Use

NEVADA
Marijuana  Application fee for any type of establishment $5,000.
establishment –  Retail store (initial license, max. fee) $20,000.
fees  Retail store (renewal license, max. fee) $6,600.
 Cultivation facility (initial license, max. fee) $30,000.
 Cultivation facility (renewal license, max. fee) $10,000.
 Product manufacturing facility (initial license, max. fee) $10,000.
 Product manufacturing facility (renewal license, max. fee)
$3,300.
 Distributor (initial license, max. fee) $15,000.
 Distributor (renewal license, max. fee) $5,000.
 Testing facility (initial license, max. fee) $15,000.
 Testing facility (renewal license, max. fee) $5,000.
 Licenses are valid for one year.
Marijuana  Department must issue license or provide explanation for denial
establishment – within 90 days of receiving a completed application.
application  For first 18 months, applications for stores, manufacturing
process facilities, cultivation facilities, and testing facilities will only be
accepted from persons holding state medical marijuana
establishment registration certificates.
 For first 18 months, applications for distributor licenses will only
be accepted from persons holding a state wholesaler dealer license.
Marijuana  Business must be licensed in Nevada.
establishments –  Proposed owners, officers, and board members cannot: (1) have
ownership been convicted of an “excluded felony offense”; (2) have severed a
requirements and similar function for a personal or medicinal use marijuana
restrictions establishment whose license or certificate was revoked.
 Department to adopt regulations to enable a dual licensee to operate
a marijuana establishment and an establishment for the medicinal
use of marijuana at the same location.
Marijuana  Cannot be located: (1) within 1,000 feet of pre-existing preschool
establishments – or school with any students in grades kindergarten through 12; or
operational (2) within 300 feet of a pre-existing “community facility” (day
requirements and care, park, playground, public pool, church or synagogue).
restrictions  Restrictions on the number of retail store licenses that may be
granted in each county for counties with a population below
55,000, the limit is two; limitations increase based on population to
a limit of 80 licenses in counties with a population above 700,000.
 Department may grant a county government’s request for additional
stores above default limit.
 Each entrance and all inventory/equipment must be secured to
prevent unauthorized access and theft.

© 2016 Research is current as of December 23, 2016. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or jwoodruff@namsdl.org with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
38 opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 100 ½ East Main Street,
Suite C, Manchester, IA 52057.
 NAMSDL – Marijuana: Comparison of State Laws Legalizing Personal, Non-Medical Use

NEVADA
Marijuana  Establishments must run criminal history checks for all potential
establishments – workers and anyone who is not age 21 or has an “excluded felony
operational offense” may not be employed.
requirements and  Cultivation must take place in an enclosed, locked area; area can be
restrictions uncovered but there must be security fencing at least eight ft. high.
(continued)  Cultivation, processing, and manufacturing of marijuana cannot be
visible to general public by unaided view.
 Customer must show ID issued by a federal, state, county or
municipal government.
Marijuana Establishment is subject to “reasonable inspection” by Department in
establishment – the presence of licensee holder or authorized agent.
inspections
Marijuana  Locality may adopt and enforce control measures pertaining to
establishments – zoning and land use.
local control  Locality must affirm to Department that a proposed establishment
does not violate local zoning or land use ordinances.
Marijuana Department to adopt regulations governing the requirements for the
establishments – testing and labeling of marijuana products, including “a numerical
testing and indication of potency based on the ration of THC to the weight of a
labeling product intended for oral consumption.”
Marijuana Not addressed by law.
tracking system
Driving during /  Question 2 provides that the law does not permit anyone to drive or
after use operate a motor vehicle while under the influence of or impaired by
marijuana.
 Under Nevada law, it is unlawful for any person who is under the
influence of a controlled substance to drive or be in actual physical
control of a vehicle.
 Under Nevada law, it is illegal for any person to drive or be in
actual physical control of a vehicle on a highway or publically-
accessed premises with greater than the following amounts of
marijuana or marijuana metabolite in their urine or blood: (1)
marijuana (10 ng/ml urine; 2 ng/ml blood); and (2) marijuana
metabolite (15 ng/ml urine; 5 ng/ml blood).
Exemption from  It is “not unlawful and . . . not an offense or . . . a basis for seizure
penalty provided or forfeiture of assets” for persons age 21 or older to manufacture,
by law possess, use, transport, or purchase marijuana or marijuana
paraphernalia, in accordance with the law.

© 2016 Research is current as of December 23, 2016. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or jwoodruff@namsdl.org with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
39 opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 100 ½ East Main Street,
Suite C, Manchester, IA 52057.
 NAMSDL – Marijuana: Comparison of State Laws Legalizing Personal, Non-Medical Use

NEVADA
Exemption from  It is “lawful and must not, [in Nevada], be used as the basis for
penalty provided prosecution or penalty” for a person aged 21 or older to cultivate,
by law harvest, process, package, or sell marijuana through establishments.
(continued)  It is the public policy of Nevada that contracts related to marijuana
establishments are enforceable.
Effect of law on  Law does not prohibit a public or private employer from
employers and maintaining or enforcing a workplace policy prohibiting or
landlords restricting actions allowed under the marijuana law.
 Laws does not prohibit a state or local governmental agency that
owns or occupies a building from restricting the cultivation,
processing, sale, or use of marijuana on that property.
 Person who occupies, owns, or controls real property may prohibit
or restrict the cultivation, processing, sale, or use of marijuana on
that property.
Taxes on Wholesale tax of 15% on sales by a marijuana cultivation facility.
marijuana
establishments
Retail taxes General state and local retail sales taxes apply.
Fund(s) created Fees, tax revenues and penalties collected are to be applied first to pay
costs of Department and each locality to regulate; any remaining funds
should be remitted to the State Treasurer for deposit in the Nevada
State Distributive School Account.
Studies required Not addressed by law.
or requested

© 2016 Research is current as of December 23, 2016. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or jwoodruff@namsdl.org with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
40 opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 100 ½ East Main Street,
Suite C, Manchester, IA 52057.
 NAMSDL – Marijuana: Comparison of State Laws Legalizing Personal, Non-Medical Use

OREGON
Statute(s) O.R.S. §§ 475B.005 to 475B.399; §§ 475B.550 to 475B.800;
§ 316.680, § 475.525, § 475.752, § 475.856, § 475.860, § 475.864, and
§ 571.315.
Effective date July 1, 2015.
Regulations OAR 845-025-1000 to 845-025-8700.
Regulating  Industry licensing, enforcement at locations, and the cannabis
authority tracking system are regulated by the Oregon Liquor Control
Commission (“OLCC”).
 Product testing and labeling requirements are regulated by the
Oregon Health Authority (“OHA”).
 Collection of taxes is regulated by the Oregon Department of
Revenue (“Revenue”).
Website http://www.oregon.gov/olcc/marijuana/Pages/default.aspx.
Types of Marijuana producer, processor, wholesaler, retailer, laboratory, and
marijuana certificate for research.
establishments
Status of market Operational. Retail locations opened in October 2016. According to
OLCC data, as of December 22, 2016, there are the following number
of active licenses in Oregon: (1) 19 laboratory; (2) 345 producer; (3) 23
processor; (4) 28 wholesaler; (5) 104 retailer; and (6) zero research.
Amount of  Individual possession limits are: (1) one ounce of usable marijuana;
marijuana allowed (2) 16 ounces of a cannabinoid product in solid form; (3) 72 ounces
of a cannabinoid product in liquid form; and (4) 16 ounces of
cannabinoid extracts or concentrates, whether sold alone or
contained in an inhalant delivery system.
 Person(s) may possess up to eight ounces of usable marijuana in a
single residence.
Restrictions on use  Must be 21 or older to possess, consume or transport marijuana.
of marijuana  Cannot consume marijuana in a public place, which is defined as a
place to which the general public has access and includes, but is not
limited to, hallways, lobbies, and other parts of apartment houses
and hotels not constituting rooms or apartments designed for actual
residence, and highways, streets, schools, places of amusement,
parks, playgrounds and premises used in connection with public
passenger transportation.”
 It is a Class B violation for an underage person to attempt to
purchase marijuana or enter an age-restricted portion of an
establishment and a violation can result in a suspension of driving
privileges for up to one year.

© 2016 Research is current as of December 23, 2016. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or jwoodruff@namsdl.org with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
41 opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 100 ½ East Main Street,
Suite C, Manchester, IA 52057.
 NAMSDL – Marijuana: Comparison of State Laws Legalizing Personal, Non-Medical Use

OREGON
Restrictions on the  A person with control over real property may not knowingly allow
use of marijuana an underage person to consume marijuana on the property or
(continued) remain on the property after consumption.
 Cannot give marijuana to any person who is visibly intoxicated.
 Cannot import or export marijuana from Oregon; a violation can be
a violation, misdemeanor, or felony, depending on amount.
Home cultivation -  Up to four marijuana plants and ten seeds are allowed per
requirements and household (not per person).
restrictions  Marijuana and products may not be visible to normal unaided
vision from a public place.
Marijuana  Application fee of $250 for all license types.
establishment –  Producers annual license fees go from $1,000 to $5,750 based on
fees size of production.
 Processor, retailers, laboratories annual licenses fees are $4,750.
Wholesaler license fees vary from $1,000 to $4,750 depending on
size.
Marijuana  Typical processing time for review of an application is about two to
establishment – three months once assigned to an investigator.
application  Prior to receiving a license, an applicant must request a land use
process compatibility statement from the city or county that authorizes the
land use.
 Land use compatibility statement must demonstrate that the
requested license is for a land use that is allowable.
 All individuals/entities with a financial interest of at least 10% in
the proposed entity must be identified.
Marijuana  Licenses cannot be granted to: (1) persons under age 21; (2)
establishments – habitual users to excess of alcohol, habit forming drugs, marijuana
ownership or controlled substances; or (3) persons convicted of state/federal
requirements and law that is substantially related to fitness of running the business.
restrictions  OLCC may require the fingerprints of certain individuals listed on
an application for a criminal background check.
Marijuana  Retailers and processors that produce marijuana extracts and
establishments – concentrates may not be located in areas zoned solely for
operational residential use.
requirements and  Establishments cannot be located on the same premises as an entity
restrictions with a liquor license.
 Establishments must have defined boundaries and cannot be
mobile.
 Different establishment types may be located on the same property;
however, OLCC may require those premises to be segregated.

© 2016 Research is current as of December 23, 2016. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or jwoodruff@namsdl.org with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
42 opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 100 ½ East Main Street,
Suite C, Manchester, IA 52057.
 NAMSDL – Marijuana: Comparison of State Laws Legalizing Personal, Non-Medical Use

OREGON
Marijuana  OLCC may require a licensee to maintain general liability
establishments – insurance in a sufficient (but affordable) amount.
operational  Only producers may possess a mature plant.
requirements and  All establishment employees must have marijuana workers’ permits
restrictions  Maximum canopy size for producers is 5,000 square feet (if indoor)
(continued) and 20,000 square feet (if outdoor).
 Licensees must include the following statements on all advertising:
(1) “Do not operate a vehicle or machinery under the influence of
this drug”. (2) “For use only by adults twenty-one years of age and
older.”; and (3) “Keep out of the reach of children.”
 Retailers cannot be located within 1,000 feet of a previously
existing: (1) public elementary or secondary school for which
attendance is compulsory; or (2) a private or parochial elementary
or secondary school.
 Retailers may operate only between 7am and 10pm.
 Deliveries by retailers to consumers are allowed in certain
circumstances, but only between 8am and 9pm.
 In any one transaction, in addition to possession limits, only five
grams of cannabinoid extracts or concentrates can be transferred,
whether sold alone or contained in an inhalant delivery system.
 Marijuana cannot be given as a prize, premium or consideration for
lottery, contest, game of chance or skill, or competition of any kind.
 Licensees must contact any utility provider to ensure that the
licensee complies with any local ordinance or utility requirements
such as water use, discharge into the sewer system, or electrical
use.
Marijuana  OLCC can examine records of any licensee upon 72 hours’ notice
establishment – (and may examine records of producers at any time).
inspections  Producers must keep records of all sales, number of ounces
produced and number of plants for two years.
 All marijuana licensees may be subject to inspection of licensed
premises by state or local government officials to determine
compliance with state or local health and safety laws.
Marijuana  Cities and counties that voted 55% or more in opposition to the
establishments – personal use ballot measure (Measure 91) had until December 27,
local control 2015, to adopt an ordinance prohibiting one or more types of
establishments without putting the decision to a vote.
 For all other cities and counties, they can opt out of allowing
marijuana establishments only through a voter initiative, and only if
the requirements for preparing, circulating and filing a petition for
an election are followed.

© 2016 Research is current as of December 23, 2016. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or jwoodruff@namsdl.org with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
43 opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 100 ½ East Main Street,
Suite C, Manchester, IA 52057.
 NAMSDL – Marijuana: Comparison of State Laws Legalizing Personal, Non-Medical Use

OREGON
Marijuana  Cities and counties may adopt reasonable regulations regarding
establishments – time, place and manner of operation if needed to prevent adverse
local control effects.
(continued)
Marijuana  To receive a laboratory license a lab must be accredited by the
establishments – Oregon Environmental Laboratory Accreditation program
testing and (ORELAP).
labeling  Until March 1, 2017, if OLCC determines that there is insufficient
laboratory capacity for the testing of pesticides, it may allow
licensed labs to test randomly chosen samples from batches of
usable marijuana for pesticides, rather than every batch.
 Marijuana items for ultimate sale to a consumer, except for
immature plants and seeds, must: (1) be packaged in a container
that is certified as child-resistant by a third-party firm; or (2) placed
within an exit package that is certified as child-resistant.
 If a marijuana item is a cannabinoid product that contains more
than 15 mg of THC (or if the item is an extract or concentrate), it
must be packaged in a container or placed in an exit package that is
capable of being resealed and made child resistant again after it has
been opened.
 Packages and labels cannot be designed to be attractive to minors.
Marijuana  All licenses must use Oregon’s “Cannabis Tracking System” or
tracking system “CTS” (through METRC) as the primary inventory and recording
keeping system.
 All licensees must reconcile all on-premises and in-transit
marijuana item inventories each day in CTS at the close of
business.
Driving during / It is illegal to drive in Oregon while “under the influence” of any
after use controlled substance. When the marijuana law was initially enacted, it
provided that it was illegal to use marijuana while driving. That
provision has been repealed.
Exemption from  Licensees and licensee representatives may produce, deliver and
penalty provided possess marijuana items pursuant to law and such actions do “not
by law constitute a criminal or civil offense under the laws of this state.”
 A contract is not unenforceable on the basis that manufacturing,
distributing, dispensing, possessing or using marijuana is prohibited
by federal law.
 Law does not prohibit a recipient of a federal grant or an applicant
for a federal grant from prohibiting the manufacture, delivery,
possession or use of marijuana to the extent necessary to satisfy
federal requirements for the grant.

© 2016 Research is current as of December 23, 2016. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or jwoodruff@namsdl.org with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
44 opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 100 ½ East Main Street,
Suite C, Manchester, IA 52057.
 NAMSDL – Marijuana: Comparison of State Laws Legalizing Personal, Non-Medical Use

OREGON
Effect of law on  To prohibit a party to a federal contract or a person applying to be a
employers and party to a federal contract from prohibiting the manufacture,
landlords delivery, possession or use of marijuana to the extent necessary to
comply with the terms and conditions of the contract or to satisfy
federal requirements for the contract.
Taxes on None at this time.
marijuana
establishments
Retail taxes The baseline retail tax rate is 17%; under certain circumstances, cities
and towns can add up to an additional 3% tax.
Fund(s) created  Oregon Marijuana Account (“OMA”).
 OLCC may retain an amount (not to exceed $250,000) remitted as a
working cash balance with the balance of tax and license proceeds
going to OMA.
 Funds in OMA are allocated as follows: (1) 40% to Common
School Fund; (2) 20% to Mental Health Alcoholism and Drug
Services Account; (3) 15% to State Police Account; (4) 10% to
counties in the state to assist law enforcement; (5) 10% to cities in
the state to assist law enforcement; and (6) 5% to Oregon Health
Authority.
Studies required OLCC must investigate the influence of marijuana on driving ability
or requested and present the results/ recommendations to the state legislature by
January 1, 2017.

© 2016 Research is current as of December 23, 2016. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or jwoodruff@namsdl.org with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
45 opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 100 ½ East Main Street,
Suite C, Manchester, IA 52057.
 NAMSDL – Marijuana: Comparison of State Laws Legalizing Personal, Non-Medical Use

WASHINGTON
Statute(s) RCWA § 46.04.586; § 46.20.308; §§ 46.61.502 to 46.61.506;
§§ 69.50.101 to 69.50.609.
Effective date December 6, 2012.
Regulations WAC 314-55-005 to 314-55-540.
Regulating Washington Liquor and Cannabis Control Board (“Board”).
authority
Website http://lcb.wa.gov/marj/marijuana-2017.
Types of Marijuana producer, processor, retailer, and certified third-party testing
marijuana laboratory.
establishments
Status of market Operational. Retail sales began July 8, 2014. According to the Board,
as of December 12, 2016, the following number of licenses have been
issued: (1) 174 producer; (2) 917 producer/processor; (3) 141
processor; and (4) 467 retailer. In addition, as of the same date there
are 17 certified third-party testing labs.
Amount of Purchase limits in a single transaction from a retailer are: (1) one ounce
marijuana allowed of useable marijuana; (2) 16 ounces of marijuana-infused product in
solid form; (3) 72 ounces of marijuana-infused product in liquid form;
and (4) seven grams of marijuana concentrate for inhalation.
Restrictions on the  Must be age 21 or older to possess, consume, purchase or transport
use of marijuana marijuana.
 It is illegal to either open a package containing marijuana or
consume marijuana “in view of the general public.”
Home cultivation - None. Washington law does not allow home cultivation of marijuana
requirements and for personal, non-medical use. All marijuana consumed for personal,
restrictions non-medical use must originate from a state licensed retail
establishment.
Marijuana  Application fee of $266 for all types of establishments.
establishment –  License fee of $1,062 for all types of establishments.
fees
Marijuana As of December 2016, the Board is not accepting applications for
establishment – establishment licenses. In 2015, a law was enacted that “folded” the
application state’s unlicensed medicinal-use marijuana dispensaries into the
process personal use framework. Under the law, medicinal-use dispensaries
were required by July 1, 2016 to either become licensed retailers (with
a medicinal-use endorsement, if desired) or close. As part of the
change, the limit on the number of retailers was increased from 334 to
556, allocated geographically throughout the state.

© 2016 Research is current as of December 23, 2016. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or jwoodruff@namsdl.org with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
46 opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 100 ½ East Main Street,
Suite C, Manchester, IA 52057.
 NAMSDL – Marijuana: Comparison of State Laws Legalizing Personal, Non-Medical Use

WASHINGTON
Marijuana  Licensee can be both a marijuana producer and processor, but
establishments – neither may have a financial interest in a marijuana retailer.
ownership  No entity can hold more than the following number of licenses at
requirements and once: (1) three processor; (2) three retail; or (3) one producer.
restrictions  Owners or operators must be at least age 21.
 All applicants, members, managers or agents must have resided in
the state of Washington for at least six months prior to application.
 Business entities must have been formed in state.
 License will not be granted if person exceeds a disqualifying
number of “points” based on prior arrests and/or convictions.
 Board must approve a proposed entity’s “true parties of interest,”
financiers, and persons who exercise control over business.
 Licensees must receive prior Board approval before making certain
ownership changes.
Marijuana  Establishments cannot be located within 1,000 feet of the perimeter
establishments – of any elementary or secondary school, playground, recreation
operational center or facility, child care center, public park, public transit
requirements and center, library, or any game arcade admission to which is not
restrictions restricted to persons 21 and older.
 Local governments can pass ordinances to lessen the buffer down
to 100 feet around all entities except elementary and secondary
schools and public playgrounds.
 Premises may not be at a location where law enforcement access,
without notice or cause, is limited, such as a personal residence.
 Marijuana production must take place: (1) within a fully enclosed
secure indoor facility or greenhouse with rigid walls, a roof, and
doors; or (2) outdoors in nonrigid greenhouses, other structures, or
an expanse of open or cleared ground fully enclosed by a physical
barrier at least eight feet tall.
 Outdoor grow site must be physically separate from another grow
site.
 Maximum allowed amount of marijuana on a producer’s premises
at any time is: (1) for outdoor or greenhouse grows, one and one-
quarter of a year’s harvest; or (2) for indoor grows, six months of
their annual harvest.
 Licensees must carry and maintain commercial general liability
insurance and if necessary, commercial umbrella insurance.
 Marijuana retailers may have up to four months of their average
inventory on premises at any given time.
 Retailers may sell marijuana and products only between the hours
of 8 a.m. and 12 a.m.
 Retailer cannot operate a vending machine or drive-through
facility.
© 2016 Research is current as of December 23, 2016. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or jwoodruff@namsdl.org with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
47 opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 100 ½ East Main Street,
Suite C, Manchester, IA 52057.
 NAMSDL – Marijuana: Comparison of State Laws Legalizing Personal, Non-Medical Use

WASHINGTON
Marijuana  Conditional sales of marijuana are prohibited.
establishments –  Potentially hazardous foods that require time-temperature control
operational may not be infused with marijuana.
requirements and  Single serving of a marijuana-infused product must not exceed 10
restrictions milligrams active THC.
(continued)  Maximum number of servings in any one single unit of marijuana-
infused product meant to be eaten or swallowed is 10 servings or
100 milligrams of active THC.
 Processors are limited to certain methods, equipment, solvents,
gases and mediums when creating marijuana extracts.
 Usable marijuana and marijuana-infused products must be stored
behind a counter or other barrier to ensure a customer does not have
direct access to the product.
 Transportation license allows the licensee to physically transport or
deliver marijuana, marijuana concentrates, and marijuana-infused
products between licensed marijuana businesses within Washington
state.
 Licensees must keep records that clearly reflect all financial
transactions and the financial condition of the business and
transportation of all marijuana for three-year period.
Marijuana  All licensed premises used in the production, processing, storage,
establishment – transportation or sale of marijuana, usable marijuana, marijuana
inspections concentrates, marijuana-infused products, or any premises or parts
of premises used or in any way connected, physically or otherwise,
with the licensed business may be inspected by a law enforcement
officer of the Board.
 Business records and any vehicle assigned for the purpose of
transporting marijuana, may be inspected.
 Marijuana, usable marijuana, marijuana concentrates, or marijuana-
infused products on the licensed premises can be inspected for the
purpose of analyzing samples.
Marijuana  Although it is not directly spelled out in the marijuana law, cities,
establishments – towns, and counties in Washington can choose to prohibit or to
local control designate zones for marijuana businesses under their authority to
regulate land uses within their jurisdictions.
 Law specifically provides that a city, town, or county may adopt an
ordinance prohibiting a marijuana producer or processor from
operating a business within areas zoned primarily for residential
use or rural use with a minimum lot size of five acres or smaller.
 Locality where an establishment is or desires to be located is
notified of a new/renewal application and it has a right to file a
written objection against the application, with such objection to be
given “substantial weight” by the Board.
© 2016 Research is current as of December 23, 2016. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or jwoodruff@namsdl.org with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
48 opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 100 ½ East Main Street,
Suite C, Manchester, IA 52057.
 NAMSDL – Marijuana: Comparison of State Laws Legalizing Personal, Non-Medical Use

WASHINGTON
Marijuana  Producers and processors must submit representative samples of
establishments – marijuana, useable marijuana, or marijuana-infused products to an
testing and independent, third-party testing laboratory for inspection and
labeling testing.
 Regulations provide sampling protocols for use in testing.
 Third-party testing labs must meet certain certification criteria in
order to be certified; Center for Laboratory Sciences on the Campus
of the Columbia Basin College performs the certification process.
 Marijuana-infused edible products in solid form must meet the
following requirements: (1) if there is more than one serving in the
package, each serving must be packaged individually in childproof
packaging and placed in the outer package; (2) label must
prominently display the number of servings in the package; (3)
products must be homogenized to ensure uniform disbursement of
cannabinoids throughout the product; and (4) all marijuana-infused
solid edibles must prominently display on the label “This product
contains marijuana.”
 Marijuana-infused edible products in liquid form must meet the
following requirements: (1) if there is more than one serving in the
package, a measuring device must be included in the package with
the product; (2) label must prominently display the number of
servings in the package and the amount of product per serving; (3)
liquid edibles must be homogenized to ensure uniform
disbursement of cannabinoids throughout the product; and (4)
edibles must prominently display on the label “This product
contains marijuana.”
 All marijuana and marijuana products when sold at retail must
include accompanying material that is attached to the package or is
given separately to the consumer containing the following
warnings: (1) This product has intoxicating effects and may be
habit forming. Smoking is hazardous to your health”; (2) “There
may be health risks associated with consumption of this product”;
(3) “Should not be used by women that are pregnant or breast
feeding”; (4) “For use only by adults twenty-one and older. Keep
out of reach of children”; (5) “Marijuana can impair concentration,
coordination, and judgment. Do not operate a vehicle or machinery
under the influence of this drug”; and (6) Statement that discloses
all pesticides applied during production and processing.

© 2016 Research is current as of December 23, 2016. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or jwoodruff@namsdl.org with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
49 opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 100 ½ East Main Street,
Suite C, Manchester, IA 52057.
 NAMSDL – Marijuana: Comparison of State Laws Legalizing Personal, Non-Medical Use

WASHINGTON
Marijuana  Producers, processors, and retailers can employ their own inventory
tracking system tracking software as long as it allows for seed-to-sale tracking and
the collection and submission of the specific information required.
 Board uses BioTrackTHC.
 All marijuana plants eight or more inches in height or width must
be physically tagged and tracked individually.
Driving during /  It is illegal to drive while “under the influence of . . . marijuana.”
after use  It is illegal to drive with a THC level in the blood of 5.0 (ng/ml) or
more for persons 21 and older or with a THC level above 0.0
(ng/ml) for persons under age 21.
Exemption from The performance of actions by marijuana producers, processors, and
penalty provided retailers in accordance with the law “shall not be a criminal or civil
by law offense under Washington state law.”
Effect of law on Not addressed by law.
employers and
landlords
Taxes on None.
marijuana
establishments
Retail taxes  There is a 37% excise tax on all taxable sales of marijuana,
marijuana concentrates, useable marijuana, and marijuana-infused
products.
 State business & occupation (“B&O”) taxes and local retail sales
taxes apply.
Fund(s) created  Dedicated Marijuana Account (“Account”)
 At quarterly intervals, the following amounts are disbursed:
$125,000 to Department of Social and Health Services (“SHS”) to
administer/analyze healthy youth survey; $50,000 to SHS for
cost/benefit analysis of law; $5,000 to Univ. of Washington
Alcohol and Drug Abuse Institute; $23,750 to the Washington
Department of Enterprise Services and at least $1.25 million to
Board for administration expenses.
 Remainder of funds allocated per RCWA 69.50.540.
Studies required Not addressed by law.
or requested

© 2016 Research is current as of December 23, 2016. In order to ensure that the information contained herein is as current as
possible, research is conducted using nationwide legal database software and individual state legislative websites. Please contact
Jon Woodruff at (703) 836-6100, ext. 100 or jwoodruff@namsdl.org with any additional updates or information that may be
relevant to this document. This document is intended for educational purposes only and does not constitute legal advice or
50 opinion. Headquarters Office: THE NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS, 100 ½ East Main Street,
Suite C, Manchester, IA 52057.