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Legality of cannabis by U.S. jurisdiction

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In the United States, cannabis is legal in 41 of 50 states for medical use and 24 states for recreational use. At the federal level, cannabis is generally classified as a Schedule I drug under the Controlled Substances Act, determined to have a high potential for abuse.[2] However, licensed medical cannabis is classified as Schedule III,[3] reflecting its medical use and lower abuse potential, while unlicensed cannabis products remain Schedule I substances. Despite these prohibitions, federal law is generally not enforced against the possession, cultivation, or intrastate distribution of cannabis in states where such activity has been legalized.[4][5] In April 2024 during the Biden administration, the Department of Justice initiated a process to reschedule cannabis to the less-restrictive Schedule III.[6] Executive Order 14370, issued December 18, 2025 during the second Trump administration, expedited the process of rescheduling.[7][8]

Map of cannabis laws in the US
Legality of cannabis in the United States
  Legal for recreational use
  Legal for medical use
  No comprehensive medical program
 Decriminalized

Notes:
· Reflects laws of states and territories, including laws which have not yet gone into effect. Does not reflect federal, tribal, or local laws.
· Map does not show state legality of hemp-derived cannabinoids such as CBD or delta-8-THC, which have been legal at federal level since enactment of the 2018 Farm Bill.
Timeline of Gallup polls in US on legalizing marijuana.[1]

The medical use of cannabis is legal with a medical recommendation in 41 states, four out of five permanently inhabited U.S. territories,[a] and the federal District of Columbia (D.C.).[9] Eight other states have laws that limit the psychoactive compound tetrahydrocannabinol (THC) concentration, for the purpose of allowing access to products rich in cannabidiol (CBD), a non-intoxicating component of cannabis.[10][9][11] The Rohrabacher–Farr amendment, first passed in 2014, prohibits federal prosecution of individuals complying with state medical cannabis laws.[12]

The recreational use of cannabis has been legalized in 24 states, three U.S. territories, and D.C.[b] Another seven states have decriminalized its use.[c][13] Commercial distribution has been legalized in all jurisdictions where possession has been legalized, except for Virginia and D.C. Personal cultivation for recreational use is allowed in all of these jurisdictions except for Delaware, Illinois, New Jersey, and Washington state.

Cannabinoid drugs which have received approval from the Food and Drug Administration (FDA) for prescription use are Marinol and Syndros (synthetic THC is the active ingredient in both), Cesamet (nabilone), and Epidiolex (CBD). For non-prescription use, products with less than 0.3% delta-9 THC containing CBD, delta-8 THC, and other naturally occurring cannabinoids derived from hemp (cannabis containing less than 0.3% delta-9 THC) are legal and unregulated[14] at the federal level, but legality and enforcement varies by state.[15][16][17]

Statewide legalization of recreational cannabis appeared on the ballot for the 2024 elections as 2024 Florida Amendment 3, and in North and South Dakota. It failed to pass in all 3 states.[18] Nebraskans decided on a ballot measure related to medical cannabis the same day, which passed.[19]

By state

Contents
Legend:
  Legal for recreational use
  Legal for medical use
  No comprehensive medical program
 Decriminalized
More information State, Recreational ...
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Federal district

More information District, Recreational ...
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By inhabited territory

More information Territory, Recreational ...
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By tribal nation

Note: There are approximately 326 federally recognized Indian reservations in the United States. This table shows only reservations which are known to have legalized medical or recreational use of cannabis, and may not be a complete list of reservations that have done so.

More information Reservation, Recreational ...
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Legalization timeline

More information Jurisdiction, Effective date ...
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More maps

Delta-8 THC legal status by state.[281]
Cannabis offense record clearance by state.[282]

See also

Notes

  1. Guam, Northern Mariana Islands, Puerto Rico, U.S. Virgin Islands
  2. States that have legalized the use of recreational marijuana, including laws which have not yet gone into effect: Alaska, Arizona, California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nevada, New Jersey, New Mexico, New York, Ohio, Oregon, Rhode Island, Vermont, Virginia, and Washington

    Territories that have legalized recreational marijuana include: Guam, Northern Mariana Islands, U.S. Virgin Islands
  3. Hawaii, Louisiana, Mississippi, Nebraska, New Hampshire, North Carolina, North Dakota

References

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