Table 1:

United States jurisdictions with regulations for legalized recreational cannabis in effect before 2019

JurisdictionDate legalization in effectFirst month legalization in effect for primary analysis*Date commercial dispensaries openFirst month commercial dispensaries open for sensitivity analysis*Cannabis-specific impaired driving law6
Alaska7,8Feb. 24, 2015March 2015Oct. 29, 2016November 2016None
California9,10Nov. 9, 2016November 2016Jan. 1, 2018January 2018None
Colorado11,12Dec. 10, 2012December 2012Jan. 1, 2014January 2014Reasonable inference for impairment ≥ 5 ng/mL THC
District of Columbia13Feb. 26, 2015March 2015No commercialNANone
Maine14,15Jan. 30, 2017February 2017Oct. 9, 2020NANone
Massachusetts16,17Dec. 15, 2016December 2016Nov. 20, 2018December 2018None
Michigan1820Dec. 6, 2018December 2018Dec. 1, 2019NAZero tolerance (no detectable presence of cannabis permitted)
Nevada21,22Jan. 1, 2017January 2017July 1, 2017July 2017Per se limit ≥ 2 ng/mL THC§
Oregon2325July 1, 2015July 2015Oct. 1, 2015October 2015None
Vermont26July 1, 2018July 2018No commercial dispensariesNANone
Washington27,28Dec. 6, 2012December 2012July 8, 2014July 2014Per se limit ≥ 5 ng/mL THC§
  • Note: NA = no data available for legalized (or commercial dispensaries open) months before 2019, THC = tetrahydrocannabinol.

  • * Rounded up or down to the nearest full month of legalization (or commercial dispensaries opening, for sensitivity analysis).

  • Reasonable inference requires that the jurisdiction must prove with other evidence, in addition to exceeding the legal THC limit, that the driver was impaired.

  • On Dec. 1, 2019, existing medical cannabis dispensaries in Michigan were permitted to transfer up to 50% of their medical cannabis inventory to recreational cannabis inventory. Until November 2021, retailers must hold a medical cannabis licence in order to apply for a recreational cannabis licence.

  • § Per se limits do not require that the jurisdiction prove that drivers were impaired in order to charge them with driving under the influence if their THC level exceeded the legal limit.

  • On Oct. 1, 2015, existing medical cannabis dispensaries in Oregon were permitted to sell recreational cannabis. The first licences were issued to recreational cannabis retailers on Oct. 1, 2016.