The History of Marijuana Legalization: Is It Now Legal in Your State?

The journey of marijuana legalization in the United States is a complex story, reflecting many shifts in societal attitudes, political landscapes, and medical understanding. 

From its early prohibition in the 20th century to the widespread acceptance seen today, the U.S. has come a long way to normalize the use of this beloved herb.

Here is a brief look at the history of marijuana legalization, as well as some insights if marijuana is legal where you are.

Early 1900s: Prohibition and Criminalization

In the early 1900s, cannabis was largely unregulated and utilized for various medicinal purposes. However, the early 20th century saw a shift towards prohibition. The Marihuana Tax Act of 1937 effectively criminalized cannabis nationwide by imposing strict regulations and taxes on its sale. This act marked the beginning of a prolonged era of cannabis prohibition in the United States.

Some would say the purpose of the Marijuana Tax Act was an orchestrated maneuver by interested parties to reduce the hemp industry by burdensome taxation. The push for the Act was led by businessmen Andrew Mellon, Randolph Hurst, and the Du Pont family. Randolph Hurst, who was a newspaper magnate, saw that the cheap production of hemp pulp was a threat to his vast timber holdings used in the manufacturing of paper. Andrew Mellon was Secretary of the Treasury and also the wealthiest man in the U.S. He had invested a great deal of money in the DuPont family’s newly invented synthetic nylon, which was a competitor of hemp.

The bill was written by Du Pont lawyers, and the American Medical Association (AMA) opposed the bill because the taxes would largely be borne by doctors and pharmacists prescribing the drug for their patients. Furthermore, the legislative counsel for the AMA objected because the bill was written without the legally binding time to prepare arguments against the bill. 

Additionally, the bill used the term “marijuana,” not “cannabis,” which was the name the medical professionals recognized. Many people in the medical field didn’t even know what they would be losing if the bill passed. 

The first arrests happened shortly afterward in Denver City, where one man was charged with possession and another for dealing. Essentially these men were arrested for not paying taxes under the Tax Act. Under President Johnson, the Commission on Law Enforcement and Administration of Justice recognized the Tax Act raised an insignificant amount of revenue and was essentially a way to criminalize the purchase, sale, and possession of marijuana. 

1950s: The Boggs Act 

In 1951, the Boggs Act was passed by Congress. The Act established mandatory minimum prison sentences for drug crimes imposing two-to-five year minimums for first offenses of drug users and traffickers. The Act failed to curtail the use of illegal drugs, and in fact, drug use exploded during the 1960s. Judges and even prison wardens realized how ineffectual mandatory minimums were in reducing drug use. 

1960–1970s: The Counterculture Movement and Initial Reforms

The 1960s and 1970s ushered in a counterculture movement that challenged traditional norms, including drug policies. Amid growing public debate, the Shafer Commission in 1972 recommended decriminalizing possession of marijuana for personal use. While the federal government did not act on these recommendations, several states began to reform their laws. Oregon led the way in 1973 by decriminalizing possession of small amounts of cannabis, reducing penalties to a mere fine. By the end of the 1970s, ten more states had enacted similar decriminalization measures.

1980s: The War on Drugs and Intensified Enforcement

The 1980s marked a reversal in the trend towards leniency. The federal government intensified its efforts against drug use under the "War on Drugs" initiative, leading to stricter enforcement and harsher penalties for cannabis-related offenses. This period saw an increase in incarceration rates for non-violent drug offenses, disproportionately affecting marginalized communities.

1990s: The Rise of Medical Marijuana Advocacy

Despite stringent federal policies, advocacy for medical marijuana gained momentum in the 1990s. California became a pioneer in this movement by passing Proposition 215 in 1996, legalizing cannabis for medicinal use. This landmark decision paved the way for other states to consider similar measures. Over the next two decades, a majority of states enacted laws permitting medical marijuana, reflecting a growing recognition of its therapeutic potential.

2012: The Shift Towards Recreational Legalization

The early 21st century witnessed a significant shift towards the acceptance of recreational cannabis use. In 2012, Colorado and Washington made history by legalizing recreational marijuana through voter-approved initiatives. This bold move signaled a change in public opinion and set a precedent for other states. By November 2023, 24 states, along with territories like Guam, the Northern Mariana Islands, the U.S. Virgin Islands, and the District of Columbia, had legalized recreational cannabis use.

The Morgans’ Advocacy for Legalization

John Morgan, founder of Morgan & Morgan, has been a prominent advocate for marijuana legalization. He believed it was “high time” that his home state of Florida acknowledged how marijuana use can help personal injury victims and the pain they suffer.

His support is deeply personal, stemming from his brother Tim Morgan's experience with quadriplegia. Morgan's brother found relief from chronic pain through marijuana, which was more effective than traditional medications. 

This personal connection has fueled Morgan's commitment to advocating for medical marijuana, leading to significant contributions to legalization efforts, particularly in Florida. John and Tim fought tenaciously to legalize medical marijuana in their home state, and today, over a million people in Florida have a medical marijuana card and—hopefully—less pain. 

Is Marijuana Legal Where I Live? The Current Legal Status Across the United States

As of March 2025, the legal landscape of cannabis in the United States is as follows:

• States With Legal Recreational and Medical Cannabis:
  Alaska, Arizona, California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nevada, New Jersey, New Mexico, New York, Ohio, Oregon, Rhode Island, Vermont, Virginia, and Washington.
• States With Legal Medical Cannabis Only:
  Alabama, Arkansas, Florida, Georgia, Hawaii, Iowa, Kentucky, Louisiana, Mississippi, New Hampshire, North Carolina, North Dakota, Oklahoma, Pennsylvania, South Carolina, South Dakota, Texas, Utah, West Virginia, and Wisconsin.
• States With No Form of Legal Cannabis:
  Idaho, Indiana, Kansas, Nebraska, Tennessee, and Wyoming.

Morgan & Morgan Is Here When You Need Us

If you need more information about recreational marijuana or if you were fined or wrongfully charged for legal marijuana use, you can turn to Morgan & Morgan for help. Contact us anytime for a free, no-obligation case evaluation to learn more.