Short answer: Yes, marijuana or cannabis is legal for adults over the age of 21. 

Decriminalizes Modestly Exceeding the Adult-Use Possession Limit

• Decriminalizes possession of almost twice the legal limit for adults

  • Possessing up to one ounce of cannabis is already legal for adults 21 and older. Under S. 234, under two ounces would be decriminalized.

  • Up to five grams of hashish is already legal for adults. Under S. 234, amounts under 10 grams of hashish would be decriminalized.

• Decriminalizes one extra mature plant and two extra immature plants

  • Cultivation of two mature plants is already legal for adults 21 and older. Under S. 234, a third mature plant would be decriminalized.

  • Possession of four immature plants is already legal for adults. S. 234 would decriminalize a fifth and sixth immature plant.

• The penalties for the decriminalized amounts would be a civil fine of:

  • Up to $100 for a first offense

  • Up to $200 for a second offense

  • Up to $500 for a subsequent offense

• Increases the thresholds of cannabis that trigger escalating penalties, thus reducing penalties for greater quantities.

  • Under current law, first-offense possession of more than one ounce of cannabis but less than two ounces (or between five and 10 grams of hashish) carries up to six months in jail, up to a $500 fine, or both. S. 234 increases the threshold for those penalties to between two and eight ounces of cannabis (or between 10 grams and 1.4 ounces of hashish).

  • Under current law, possession of between two ounces and a pound of cannabis (or between 10 grams and 2.8 ounces of hashish) carries up to three years in prison, a fine of up to $10,000, or both. This would increase the amount to trigger those penalties to eight ounces of cannabis (or 1.4 ounces or more of hashish) or more. 

The bill (S. 234) was signed into law on October 7, 2020, and it took effect on January 1, 2021.