Compliance19 août, 2025

Medical vs. recreational marijuana licensing

The legalization of cannabis in a number of states has led to a booming U.S. marijuana industry. Today, 40 states and the District of Columbia have legalized medical marijuana for medical use, and 24 states and the District of Columbia allows the recreational use of marijuana.

Local city governments can still ban commercial cannabis-related activities, even if the state has legalized them.

In this article, we explore what makes business licensing for a marijuana dispensary or other business different based on medical vs. recreational requirements.

What is the difference between medical and recreational marijuana?

There is no difference between the medical and recreational cannabis in botanical terms. Scientists have found that the THC concentration is similar for both the marijuana plant and the products used to treat medical conditions or those used for recreational purposes. The main difference between medical and recreational marijuana is how they are sold.

For example, to purchase medical marijuana through a state’s medical program, a person must have authorization from a healthcare provider and the state’s approval. With recreational marijuana in qualifying states, any person over the age of 21 can make the purchase.

Many states exempt medical cannabis purchases by qualified patients from sales and use tax.

How do states regulate medical and recreational marijuana products?

States regulate marijuana differently based on whether the marijuana is medical, medical and recreational, CBD, or medical CBD.

Medical marijuana

Medical cannabis is only legal for medical purposes if a person has a qualifying condition, such as cancer, glaucoma, or multiple sclerosis. Qualifying conditions vary by state.

Medical and recreational marijuana

In states where medical and recreational marijuana are legal, there are still major differences in the way that these products are priced, sold, bought, and the laws that business must follow to set up a marijuana business. For instance, the retail marijuana industry is heavily regulated and taxed by both state and local agencies.

Some jurisdictions also have additional business license requirements in addition to state laws. A city or county may also outright ban marijuana businesses altogether, even if the state has legalized cannabis activity.

CBD

Cannabidiol (CBD) is an active ingredient in cannabis that is derived from the hemp plant. CBD sales are federally legal if the product contains less than 0.3% THC. While some states allow CBD over-the-counter sales, others only permit the sale of CBD if it has no THC.

Still, there remains much confusion surrounding CBD as federal and state laws change and differ. Kansas, Ohio, Iowa, and Texas have conducted raids on non-compliant hemp and CBD stores, generating news coverage.

Medical CBD

Some states allow the use of medical CBD but restrict its use to those who have a prescription.

For example, Georgia authorizes the possession of low THC oil to persons with certain medical conditions or their caregivers if they possess a Low-THC Oil Patient Registry Card. Low THC oil is an oil that contains an amount of cannabidiol and not more than 5% by weight of tetrahydrocannabinol (THC), tetrahydrocannabinolic acid (THCA), or a combination of the two which does not contain plant material exhibiting the external morphological features of the plant of the genus Cannabis.

Meanwhile, in Idaho, it is legal to use cannabis extracts high in CBD to treat qualifying conditions only if the CBD contains zero THC and is derived from industrial hemp (Cannabis sativa L.) or one of the five identified parts of the cannabis plant. These parts include mature stalks; fiber produced from the stalks; oil or cake made from the seeds or the achene of such plant; any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalk; or the sterilized seed of such plant which is incapable of germination.

Easily manage complex requirements

There are over 75,000 federal, state, and local jurisdictions.  As their compliance requirements become more complex, we’re the partner that can help you manage them all.

The marijuana business licensing process

To become a licensed cultivator, dispensary, or any other type of cannabis business in a state can be an expensive process. Another consideration is that the rules change frequently, making it complicated to stay in legal compliance.

Owners, employees, and investors must undergo background checks as part of the licensing process. Cannabis dispensary businesses must also conduct significant research into laws and regulations, identify compliant properties, and even grow the cannabis plant themselves.

Read this article for more information on How to obtain a retail marijuana store or dispensary license.

CT Corporation can help

Outsourcing business registration and license research, applications, management, and renewals can help you take the pressure off internal resources. By working with a full-service management provider who specializes in the efficient processing of business licenses, you can free up your time to focus on starting and growing your medical or recreational marijuana business while ensuring you keep up with changing compliance requirements.

For more information on CT Corporation services and how we can streamline your business licensing, contact a CT Corporation business license specialist.

Related Resources

The CT Corporation staff is comprised of experts offering global, regional, and local expertise on registered agent, incorporation, and legal entity compliance.

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