hmmm....i think i might move to alaska
Originally Posted by wikipedia
Main article: Legal history of marijuana in the United States
The United States has had a long history of producing and using cannabis.
Under federal law, it is illegal to possess, use, buy, sell, or cultivate marijuana anywhere in the United States, although in Alaska it is legal to possess up to 4 ounces in the home. The Controlled Substances Act of 1970 classifies marijuana as a Schedule I drug, meaning it has a high potential for abuse and no accepted medical use. Under the Supremacy Clause of the Constitution, Federal law in the United States preempts conflicting state and local laws. Nevertheless, some states and local governments have established laws attempting to decriminalize cannabis, which has reduced the number of "simple possession" offenders sent to jail, since federal enforcement agents rarely target individuals directly for such relatively minor offenses. Other state and local governments ask law enforcement agencies to limit enforcement of drug laws with respect to cannabis.
The National Center for Natural Products Research in Oxford, Mississippi is the only facility in the United States that is federally licensed by the National Institute on Drug Abuse to cultivate cannabis for scientific research. The Center is part of the School of Pharmacy at the University of Mississippi.
Main article: Decriminalization of marijuana in the United States
See also: Cannabis rescheduling in the United States
In the 2006 election, Colorado attempted to pass amendment 44. The amendment would decriminalize possession of less than 1 ounce of marijuana. It failed in a 40%-60% at the polls rating. However it is still a misdemeanor to possess up to one half pound, and is punished mainly by fines unless proof of sale is established. Twelve US states have passed, by majority vote of the citizenry, laws allowing some degree of medical use, while a further six states have taken steps to decriminalize it to some degree. This movement seeks to make simple possession of cannabis punishable by only confiscation or a fine, rather than prison. In the past several years, the movement has started to have some successes. These include Denver, Colorado legalizing possession of up to an ounce of cannabis for adults aged 21 and older, though this age restriction has criticized this as age discrimination, since adults under 21 cannot legally possess it. A broad coalition of political parties in Amsterdam, Netherlands unveiling a pilot program to allow farmers to grow it legally, and Massachusetts voting in favor of a bill to decriminalize the possession of up to an ounce of cannabis. These laws passed by states and cities to decriminalize marijuana do not result in marijuana being legal, however. The Federal Government has the power to regulate marijuana because of the Interstate Commerce Clause of the United States Constitution. Additionally, under the Supremacy Clause, any state law in conflict with federal law is not valid. These issues were addressed squarely by the United States Supreme Court in Raich v. Ashcroft, 352 F. 3d 1222.
In Alaska, cannabis was decidedly legal for in-home, personal use under the Ravin vs. State ruling of 1975. This ruling allowed up to two ounces of cannabis and cultivation of less than 25 plants for these purposes. A 1991 voter ballot initiative recriminalized marijuana possession, but when that law was eventually challenged in 2004, the Alaska courts upheld the Ravin ruling, saying the popular vote could not trump the state constitution. In response to former Governor Frank Murkowski's successive attempt to re-criminalize cannabis, the ACLU filed a lawsuit against the state. On July 17, 2006, Superior Court Judge Patricia Collins awarded the Case Summary judgment to the ACLU. In her ruling, she said "No specific argument has been advanced in this case that possession of more than 1 ounce of cannabis, even within the privacy of the home, is constitutionally protected conduct under Ravin or that any plaintiff or ACLU of Alaska member actually possesses more than 1 ounce of cannabis in their homes." This does not mean that the legal possession threshold has been reduced to one ounce, as this was a mere case summary review filed by the ACLU, not a full case. Reinforcing Ravin, Collins wrote "A lower court cannot reverse the State Supreme Court's 1975 decision in Ravin v. State" and "Unless and until the Supreme Court directs otherwise, Ravin is the law in this state and this court is duty bound to follow that law". The law regarding possession of cannabis has not changed in Alaska, and the Supreme Court has declined to review the case, therefore the law still stands at 4 ounces.
In 2002, Nevada voters defeated a ballot question which would legalize up to 3 ounces for adults 21 and older by 39% to 61%. In 2006, a similar Nevada ballot initiative, which would have legalized and regulated the cultivation, distribution, and possession of up to 1 ounce of marijuana by adults 21 and older, was defeated by 44% to 56%.
In 2006, South Dakota voters defeated Measure 4, voting 48% for and 52% against. Measure 4 was to allow the use of medical marijuana by patients deemed by their physicians to benefit from its use, and was to be regulated by state-issued ID cards and protection of legitimate medical distributors.
not sure if i'm reading it right, but it is legal in colorado and alaska?
full wiki article here