The legal status of marijuana is changing rapidly throughout the country, which can make it confusing to know exactly what is legal and where. Our index informs you exactly where marijuana is legal and in what context as of September, 2026.
Hover or tap a state for details.
Updated legislation - June 2026
On December 18, 2025, U.S. President Donald Trump issued an executive order directing the DEA and HHS to pursue the reclassification of marijuana as a Schedule III substance.[9] Although the order did not bring about an immediate change in drug policy or legislation, it is expected to lead to a reduction in cannabis’s scheduling status in the near future.[10]
As of September 2nd 2026, 41 states, three territories, and the District of Columbia allow medical cannabis products.[9] 24 states also allow non-medical use, and 7 have updated their medical use policies to include "low THC, high cannabidiol" products, which is explained below.[9]
Low-THC update
The eight states listed under CBD/Low-THC Program in the table below allow the use of these products for medical reasons in limited circumstances or as a legal defence. These "Low-THC Programs" are not designated as comprehensive medical cannabis programs. This has raised issues amongst regulatory bodies when trying to define exactly what "comprehensive" entails, with the NCSL currently using the following criteria.[8]
- Protection from criminal penalties for using cannabis for a medical purpose.
- Access to cannabis through home cultivation, dispensaries, or some other system is likely to be implemented.
- It allows a variety of strains or products, including those with more than "low THC."
- It allows either smoking or vaporization of some kind of cannabis products, plant material, or extract.
- It is not a limited trial program.
The growing popularity of legalized marijuana
Less than 15 years ago, marijuana use was illegal throughout the United States. With the growing application and popularity of medicinal marijuana as a means of treating chronic pain conditions and other medical concerns, the substance is now legal for medicinal use in 41 states. It is fully legal for use in 24 states and the District of Columbia, and is decriminalized in an additional seven states. [1][6]
Over this time, there has been a steep increase in the amount of marijuana use in the United States, with marijuana being the third highest type of substance abuse after tobacco and alcohol. In 2021, 11% of young adults reported using marijuana daily, compared to 6% in 2011. [2]
Medicinal marijuana has been able to help people manage painful conditions, like arthritis and cancer, and it has also contributed to economic growth. [6] In 2022, there was a 33% increase in marijuana-related jobs created within one year, with over 100,000 new jobs created since 2021. [3] Additionally, the worth of the legal marijuana industry was estimated at $33.6 billion in 2023 and is expected to reach over $76 billion by 2030. [4]
On April 23, 2026, the Department of Justice and the Drug Enforcement Administration (DEA) announced that two categories of marijuana had been moved from Schedule I to Schedule III of the Controlled Substances Act: FDA-approved drug products containing marijuana, and marijuana products covered by a state medical marijuana license. [12] This formally recognizes that medical marijuana has an accepted medical use, but it does not legalize or decriminalize marijuana under federal law. [13]
Recreational marijuana remains in Schedule I, even in states where it is legal, and the April order is currently being challenged in federal court. [14] A separate DEA hearing on rescheduling all marijuana took place in June and July 2026, but it has not yet produced a final decision. [15]
States where marijuana is legal
Marijuana legalization continues to change across the country. Below is an up-to-date list (as of October 2025) of marijuana's legal status, including whether it is legal for adult use, legal for medicinal purposes, or decriminalized (no jail penalty and reduced fines for possession). [1][5]
(In this chart, CBD oil refers to oil made with small amounts of THC).
| State | Legal for Recreational Use | Legal for Medicinal Use | Decriminalized | CBD/Low-THC Program |
|---|---|---|---|---|
| Alabama | No | Yes | No | No |
| Alaska | Yes | Yes | Yes | No |
| Arizona | Yes | Yes | Yes | No |
| Arkansas | No | Yes | No | No |
| California | Yes | Yes | Yes | No |
| Colorado | Yes | Yes | Yes | No |
| Connecticut | Yes | Yes | Yes | No |
| Delaware | Yes | Yes | Yes | No |
| District of Columbia | Yes | Yes | Yes | No |
| Florida | No | Yes | No | No |
| Georgia | No | Yes | No | No |
| Hawaii | No | Yes | Yes | No |
| Idaho | No | No | No | No |
| Illinois | Yes | Yes | Yes | No |
| Indiana | No | CBD Oil Only | No | Yes |
| Iowa | No | CBD Oil Only | No | Yes |
| Kansas | No | No | No | No |
| Kentucky | No | Yes | No | No |
| Louisiana | No | Yes | Yes | No |
| Maine | Yes | Yes | Yes | No |
| Maryland | Yes | Yes | Yes | No |
| Massachusetts | Yes | Yes | Yes | No |
| Michigan | Yes | Yes | Yes | No |
| Minnesota | Yes | Yes | Yes | No |
| Mississippi | No | Yes | Yes | No |
| Missouri | Yes | Yes | Yes | No |
| Montana | Yes | Yes | Yes | No |
| Nebraska | No | Yes | Yes | No |
| Nevada | Yes | Yes | Yes | No |
| New Hampshire | No | Yes | Yes | No |
| New Jersey | Yes | Yes | Yes | No |
| New Mexico | Yes | Yes | Yes | No |
| New York | Yes | Yes | Yes | No |
| North Carolina | No | No | Yes | Yes |
| North Dakota | No | Yes | Yes | No |
| Ohio | Yes | Yes | Yes | No |
| Oklahoma | No | Yes | No | No |
| Oregon | Yes | Yes | Yes | No |
| Pennsylvania | No | Yes | No | No |
| Rhode Island | Yes | Yes | Yes | No |
| South Carolina | No | No | No | Yes |
| South Dakota | No | Yes | No | No |
| Tennessee | No | CBD Oil Only | No | Yes |
| Texas | No | Yes | No | No |
| Utah | No | Yes | No | No |
| Vermont | Yes | Yes | Yes | No |
| Virginia | Yes | Yes | Yes | No |
| Washington | Yes | Yes | Yes | No |
| West Virginia | No | Yes | No | No |
| Wisconsin | No | CBD Oil Only | No | Yes |
| Wyoming | No | CBD Oil Only | No | Yes |
All information has been sourced from The Marijuana Policy Project (MPP) and is up to date as of October 31st, 2025. This article is informational and does not constitute legal advice, and no guarantees are made regarding its accuracy or completeness.
