The United States has had a long, complex relationship with cannabis legalization. While it's still illegal at a federal level, individual states have been decriminalizing and legalizing cannabis since the 1970s (in the case of Alaska), with increasing momentum driven in recent decades by advocates for medical marijuana. Now the foothold both recreational and medical cannabis has in non-prohibition states is being tested by the COVID-19 pandemic.

Like grocery stores, pharmacies, gas stations, and liquor stores, cannabis dispensaries have been included by many states in the lists of "essential businesses" that are allowed to continue operating despite shelter-in-place and stay at home orders issued by governors to limit the spread of the novel coronavirus. But like legalization laws themselves, each state has taken a slightly different approach to mandating how and where cannabis can be sold during the pandemic. 

Some states have opted to allow curbside pickup, while others are test-driving home-delivery options, while still others have rolled back legalization for recreational cannabis users and have deemed only medical cannabis essential. That can be confusing even for state residents – much less visitors or those who find themselves sheltering-in-place in a city that's new or relatively unfamiliar.

You might be curious how those who partake in cannabis, whether for recreation or medication or somewhere in between, are navigating the ever-changing rules for purchase, possession, and use. Whether you're celebrating 420 with fellow cannabis enthusiasts or are curious if you'll be able to get a refill of your herbal medicine where you live, we’ve got the scoop on rules and regulations coast to coast.

Cannabis regulations in the United States during the COVID-19 pandemic

Alaska

Alaska doesn’t get as much attention as California, Colorado, Oregon, and Washington when it comes to its relatively chill approach to cannabis. But Alaska first legalized recreational cannabis in 1975 (and later again in 2015), and in 2019 became the first state to permit on-site consumption at dispensaries. 

The state isn’t allowing medical cannabis card holders to register for the first time via telemedicine, but you can connect with your doctor remotely to renew your license and license expiration dates have been extended. Curbside and drive-thru sales have been permitted, too, during the COVID-19 pandemic. 

According to the new rules, only 5 customers are allowed in a dispensary at a time, sniffing samples is no longer allowed, and online and phone orders are encouraged. Extra pertinent for 4/20 is the new rule that dispensaries should “limit sales or promotions that would increase the likelihood of customer density in retail stores.”

California

When Governor Gavin Newsom issued a statewide stay-at-home order on March 19, 2020, the state also declared cannabis dispensaries to be essential businesses during the pandemic. That designation means they are required by law to adhere to the CDC’s business social-distancing guidelines, 

Home delivery has been legal in California since January 16th, giving cannabis consumers yet another way to refill their stash while minimizing the spread of novel coronavirus. But that’s not the only way to stock up. The state of California also allowed dispensaries to apply for a request for disaster relief and obtain approval from both the Bureau and their local jurisdiction to start operating drive-thru or curbside pickup. 

The exact procedure for curbside pickup varies from business to business (and state to state). But with most dispensaries in the US, the process looks the same – you fill your shopping cart online or over the phone, and receive a call or text when your order is ready for pickup. On arrival to the store, you stay in your car and a budtender comes out to check your ID, accept payment, and hand you your products. The process minimizes contact and long lines outside dispensaries. If your driver’s license is expired, never fear. California issued 60-day extensions on expired licenses during the COVID-19 crisis – and that applies to proving you’re of age for cannabis purchases, too.

Colorado

On March 20th, Jared Polis, Governor of the State of Colorado, temporarily lifted several regulations to help state residents access essential services, including cannabis dispensaries, with minimal contact. That executive order suspended in-person physicals normally needed to procure a medical marijuana card until April 18th, 2020. It also permitted online cannabis sales, which in turn made curbside pickup possible. 

However, Colorado hasn’t fully legalized home delivery of cannabis yet. While the state allows for it, it’s up to individual municipalities to turn on the green light or not. Both curbside and home delivery services are stymied, too, by a problem many legal states face while cannabis remains federally prohibited – finding credit card networks willing to process payments for dispensaries. That cash-only limitation is a challenge for canna-retailers on top of rapidly building out e-commerce systems that may be in-use only while stay at home orders are in place.

You may also like: A guide to the best cannabis dispensaries, lodging and experiences in Denver

Connecticut

Connecticut is still working on passing legislation to legalize recreational cannabis, but medical cannabis has been legal since 2012. Now Governor Ned Lamont has given medical cannabis cardholders the flexibility to get certified via telemedicine, extended expiration dates for card holders and caregivers, and waived fees for lost registration certificates. 

Delaware

According to Delaware State News, Columbia Care – a major operator of dispensaries in Delaware – is now offering delivery thanks to special accommodation from the Governor’s State of Emergency declaration. This could be a gateway to continued delivery services after the pandemic is over, according to Office of Medical Marijuana Director Paul Hyland. The OMM is also recommending patients and caregivers deliver applications for medical cannabis cards by mail, rather than in person. 

Illinois

Illinois is still very new to being a post-prohibition state – recreational cannabis only became legal on January 1st, 2020. That said, they’ve been swiftly adjusting some of the rules and regulations around both medical and recreational cannabis, including a new provision that allows examinations for medical marijuana cards to be conducted via telemedicine until further notice. Illinois also allowed curbside pickup for medical cannabis card holders until March 30th.

Meanwhile, many dispensaries in major metro areas like Chicago closed temporarily to deep-clean, or out of concern that long lines were running amok of safe social-distancing. However, Representative Sonya Harper has also authored a bill that would allow for home delivery services in Illinois (though not drive-thru or curbside pickup for recreational purchases). If that bill is passed, it could make access even easier for Illinois residents. 

Many dispensaries have been declared essential services by state governors during the pandemic © Vince Chandler / Contributor via Getty Images

Maryland

Recreational cannabis is decriminalized, but not legal, in Maryland, while medical cannabis has been legal since 2017. Medical dispensaries are still open as essential businesses, provided that hygiene and social distancing provisions are maintained, as per a March 17th bulletin issued by Maryland Medical Cannabis Commission. You can’t sniff the bud before you buy anymore, but otherwise medical users can keep calm and carry on.

Massachusetts

Massachusetts made a decision to issue a cease and desist and summary suspension order effectively ending recreational cannabis sales in state through at least May 3th. Governor Charles D. Baker was concerned that residents of other states would be tempted to travel to Massachusetts to make purchases to take home, which is not only illegal but has the potential to increase the spread of COVID-19. As such, “adult-use retail” is considered non-essential, leading numerous dispensaries to shutter and furlough employees.

Medical cannabis users, however, can take advantage of curbside pickup as of March 27, as well as phone and electronic sales. Like many states, Massachusetts is now allowing medical cannabis patients to work with their health care providers using telehealth services. Massachusetts is also quite unique in that it automatically updates medical cannabis registration information when you use your Massachusetts driver’s license to sign up or renew, a program that’s continuing during the COVID-19 pandemic.

Michigan

Michigan is also relatively new to legal cannabis, with recreational sales starting as recently as December of 2019, but it’s taken a very proactive approach to weed sales during the COVID-19 pandemic. When Governor Gretchen Whitmer signed the “Stay Home, Stay Safe” executive order on March 23, an an advisory bulletin issued by the Michigan Marijuana Regulatory Agency that same day noted that both medical cannabis and recreational facilities were allowed to continue sales as essential businesses. There is just one catch – in-store transactions were immediately banned, and purchases can only be made curbside or by delivery. 

New Mexico

New Mexico is also on board with curbside pickup, as well as phone and online orders for medical cannabis cardholders. The Department of Health is also encouraging dispensaries to apply for a special amendment to allow delivery services, and is limiting dispensaries to 10 customers or fewer in-store. Furthermore, medical cannabis users have a 90 day extension on cards set to expire between March 11 and June 13 of 2020. 

New York

It’s not surprising that New York, one of the states hardest hit by the novel coronavirus, developed special regulations to help keep medical cannabis users safe. Until April 16th, dispensaries that already had approval to deliver cannabis products to registered patients and their caregivers were given near carte blanche to expand delivery services statewide. Patients were also directed to take advantage when possible, as well as to schedule appointments at dispensaries for in-person visits to help maintain a safe distance between customers.  

Nevada

Governor Steve Sisolak ordered cannabis stores to prevent customers from congregating closely inside and while waiting in line outside, and has strongly encouraged delivery services. Because many dispensaries aren’t equipped to rapidly shift their business models to delivery and curbside pickup is explicitly forbidden, that's presented a barrier for some Nevadans who rely on cannabis to treat their medical conditions, as well as recreational users.

New Hampshire

New Hampshire legalized medical cannabis in 2013, and has loosened several regulations to make access easier for cardholders. The Therapeutic Cannabis Program has waived designated caregiver application fees and criminal history checks, permitted telehealth for certification and renewal of medical cannabis licensure, as well as designated medical dispensaries as essential businesses that can set up curbside, call-ahead, by-appointment, and pre-order options. And until July 31st, you don’t need to sweat an expired ID card when you go to pick up your medicine.

Ohio

Medical marijuana users in Ohio got a little wiggle room since the Ohio Department of Health issued a Stay at Home order on March 22. Card holders can now designate up to three caregivers who can help with purchasing and transporting medical cannabis on behalf of the patient to minimize exposure. Physicians are now allowed to engage with medical marijuana card holders using telemedicine, and card holders can take advantage of phone orders and curbside pickup. 

Oregon

Oregon has long been at the forefront of legal cannabis (well, the western side of the state, anyways) – home delivery has been legal in the Beaver State since 2017, for example. But Oregon is loosening its regulations even further during the pandemic. The Oregon Liquor Control Commission is temporarily allowing curbside pickup (aka on-site delivery), enabled by phone, online orders, and even email transactions. Medical Marijuana card holders can also temporarily stock up on more cannabis at once – up to 24 ounces a day but no more than 32 ounces a month.

Utah

If you’re a Utah resident and have been hoping to get access to medical cannabis, you’re in luck. Until December 31st, the Beehive state is allowing qualifying patients to use a recommendation letter from physicians in lieu of a medical cannabis card to make legal purchases at dispensaries. That’s been a popular move – since March 1st, the Utah Department of Health has issued over a thousand medical cannabis cards and 203 medical providers are registered as part of the Utah Medical Cannabis Program. There’s just one catch – all of those patients have to go through one single cannabis pharmacy in the state, though more may open by the end of the year depending on the impact of COVID-19.

Washington DC

As of April 14th, the District of Columbia is allowing delivery, curbside pickup, and at-the-door pickup for medical cannabis users and their caregivers. There are some hoops for dispensaries to jump through, including registration of just one delivery vehicle per dispensary with the state, which must be equipped with a GPS device and cannot bear any signage or decals advertising cannabis, but it's still offers customers another option while staying at home as much as possible.

Washington

Washington is famous for its recreational cannabis laws, and has been rolling out new regulations to stay ahead of COVID-19. Those include expansion of curbside sales to include recreational customers as well as medical cannabis patients, though drive-thru windows are not allowed, nor are sales from tents or kiosks. Parents who need to pick up their medicine don’t need to worry about bringing children in tow – Washington has also temporarily relaxed rules about minor being present on dispensary property until April 30th. Dispensaries are also allowed to give away FDA-approved hand sanitizer as long as it isn’t treated as a promotion or contingent on product sales.