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. However, licensed medical cannabis is classified as Schedule III, 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 is legal under state law. During the 117th United States Congress, a bill to decriminalize marijuana in federal law passed the House of Representatives but failed in the Senate. In April, 2024, during the Biden administration, the Department of Justice initiated a process to reschedule cannabis to the less-restrictive Schedule III. Executive Order 14370, issued December 18, 2025 during the second Trump administration, expedited the process of rescheduling.
The medical use of cannabis is legal with a medical recommendation in 41 states, four out of five permanently inhabited U.S. territories, and the federal District of Columbia (D.C.). 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. The Rohrabacher–Farr amendment, first passed in 2014, prohibits federal prosecution of individuals complying with state medical cannabis laws.
The recreational use of cannabis has been legalized in 24 states, three U.S. territories, and D.C. Another seven states have decriminalized its use. Commercial distribution has been legalized in all jurisdictions where possession has been legalized, except 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 at the federal level, but legality and enforcement varies by state.
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. Nebraskans decided on a ballot measure related to medical cannabis the same day, which passed.
By state
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State Recreational Medical Cultivation Notes Illegal; Misdemeanor for first offense, any subsequent offense is a felony Legal to possess up to "70 daily dosages" at one time. Illegal First-time may be punished as a misdemeanor, but further possession, or intent to sell, can result in felony charges. Medical use legalized in May 2021 through bill signed by Governor Kay Ivey. Registered patients are permitted to possess a maximum of "70 daily dosages" of medical cannabis at one time. Doses of authorized cannabis products are capped at a maximum of 50 milligrams for the first 90 days. First Medical Marijuana Dispensary Opened June 4, 2026. Montgomery, Al. Callie's Apothecary. Legal to possess up to Legal to possess up to 1 oz (28 g) Legal for medical & recreational use up to an amount of no more than 6 plants per person, or twelve plants in a household with two or more adults. Legalized by Measure 2 on November 4, 2014. Legal to possess up to Legal to possess up to 2.5 oz (71 g) per 14 days. Legal for medical (See notes) & recreational use up to an amount of no more than 6 plants per person, or twelve plants in a household with two or more adults. Medical use legalized through Proposition 203 in 2010. Recreational use legalized through Proposition 207 on November 3, 2020. Medical patients may only cultivate if they're located further than 25 mi (40 km) from the nearest dispensary. Illegal; Misdemeanor Legal to possess up to 2.5 oz (71 g) per 14 days. Illegal Possession under a misdemeanor; cities of Fayetteville and Eureka Springs labeled cannabis their lowest law enforcement priority. November 8, 2016: medical marijuana legalized when Issue 6 was approved by 53% of voters. Legal to possess up to Legal to possess up to 8 oz (230 g) Legal for recreational use up to an amount of six plants per household or acre of land. July 1975: Senate Bill 95 reduced the penalty for possession of or less of cannabis to a citable misdemeanor. November 1996: first state to legalize medical marijuana when Proposition 215 was approved by 56% of voters. November 2016: Proposition 64 passed by 57% to 43%, legalizing sale and distribution, effective January 1, 2018. Legal to possess up to Legal to possess up to 2 oz (57 g) Legal for medical & recreational use up to an amount of six plants per person with no more than three of which being mature at one time. 1975: Marijuana decriminalized. November, 2000: Colorado Amendment 20 legalized medical marijuana use. November 6, 2012: Colorado Amendment 64 approved by voters, legalizing the sale and possession of marijuana for non-medical use including cultivation of up to six plants with up to three mature. In Denver, there is a limit of 12 plants per household regardless of the number of adults. Colorado became the second state to legalize, going into effect four days after Washington state, however, it was the first state for legal retail sales to become established. May 20, 2021: Colorado Governor Jared Polis signs HB 21–1090, a bill which increases possession limits from 1 oz to 2 oz for adults. Legal to carry up to or possess up to locked inside a home or trunk of a vehicle Legal to possess up to 5 oz (140 g) per month. Legal for medical & recreational use up to an amount of six plants with only three at a time being mature. June 22, 2021: Connecticut Governor Ned Lamont signed SB 1201, a bill legalizing recreational marijuana for adults beginning July 1, 2021. Those between 18 and 20 would be subject to civil fine up to $150, and minors under 18 cannot be arrested for simple possession.Connecticut Governor Signs Marijuana Legalization Into Law, June 22, 2021 Legal to possess up to 1 oz (28 g) & 12 g (.4 oz) of concentrate Legal to possess up to 6 oz (171 g) Illegal May 13, 2011: Delaware legalizes medical cannabis through state legislature. February 10, 2012: Governor Jack Markell suspended medical marijuana after a Justice Department letter threatened federal prosecution August 31, 2016: Jack Markell signed House Bill 400, expanding medical cannabis programs for those with a terminal illness. April 23, 2023: Bill to legalize recreational cannabis became law without governor's signature. Illegal Legal to possess up to three 70-day, or six 35-day "supply limits". One 35-day supply is limited to 2.5 oz (71 g). Illegal November 8, 2016: medical marijuana legalized as of July 1, 2017, when voters passed Amendment 2 by 71%. In 2019, legislation under Senate Bill 182 was enacted, allowing individuals with eligible medical conditions to acquire smokable cannabis from authorized medical marijuana dispensaries. Illegal; decriminalized in the cities of Atlanta, Clarkston, Forest Park, Savannah, South Fulton, Statesboro, unincorporated Fulton County, and Macon–Bibb County. 12,000 mg THC possession limit Illegal. Misdemeanor possession of or less can be punished by a fine up to $1000 or up to 12 months in jail. It is a felony for anyone to possess more than , manufacture, deliver, distribute, dispense, administer, purchase, sell, or possess with intent to distribute marijuana and it is punishable by imprisonment for no less than one year and no more than ten years. City and county level punishments for misdemeanor possessions vary. April 16, 2015: use of low-THC CBD oil legalized for medical use, but in-state cultivation, production, and sale remains illegal. Georgia implements law allowing in-state access to low-THC oil On April 17, 2019, Gov. Brian Kemp (R) signed Georgia's Hope Act — HB 324 — into law. This bill allows patients to safely access low-THC medical cannabis oils (with up to 5% THC) within Georgia. Sales began in the summer of 2023. On May 12, 2026, the 5% THC limit was eliminated and a 12,000 milligram limit placed on patients. ● Illegal; Decriminalized up to 0.11 oz (3 g) Legal to possess up to 4 oz (114 g). Legal only for medical patients up to an amount not exceeding 7 plants per person. June 15, 2000: Governor Ben Cayetano signed bill legalizing medical marijuana. First state legislature to do so. July 14, 2015: Governor David Ige signed bill allowing medical cannabis dispensaries. July 14, 2016: Governor Ige signed law expanding medical cannabis programs. June 25, 2019: Governor Ige announced that he would not veto a bill passed by the legislature to decriminalize less than 3 g of marijuana. Law went into effect January 11, 2020. Illegal; Misdemeanor ( or less) CBD oil (less than 0.1% THC) Illegal; Felony Possession of or less a misdemeanor up to 1-year prison or fine up to $1,000 or both. More than but less than a felony up to 5 years in prison or fine up to $10,000 or both. 2015: the Idaho Attorney General stipulated that CBD must both contain zero THC and be derived from one of the five identified parts of the cannabis plant, otherwise it is illegal in Idaho under current law. 2021: Senate Bill 1017 is signed into law by Governor Brad Little expanding legal CBD access from 0.0% to 0.1% THC. Legal; Residents can possess up to of cannabis flower, 1000 mg of THC in an infused product, and 10 grams of concentrate. Nonresidents can possess up to of cannabis flower, 500 mg of THC in an infused product, and 5 grams of concentrate. Legal to possess up to 2.5 oz (71 g) per 14 day period. Legal only for medical patients up to an amount of 5 plants per person, max 5 plants per household no matter the amount of residents with medical cards. Cannabis Control Act of 1978 allowed for medical marijuana but was never implemented. August 1, 2013: Gov. Pat Quinn signed bill legalizing medical marijuana effective January 1, 2014. May 31, 2019: the General Assembly passed the Illinois Cannabis Regulation and Tax Act to legalize recreational marijuana use beginning January 1, 2020, allowing adults age 21 and over to possess up to of cannabis flower. With Gov. J. B. Pritzker's signature on June 25, Illinois became the first state in the nation to legalize adult marijuana sales through an act of state legislature. 2026: possession limits for Illinois residents increased to of flower, 1000 mg of THC in an infused product, and 10 grams of concentrate. Illegal; Misdemeanor (up to 6 months in jail, $1000 fine) CBD oil (less than 0.3% THC) legal for any use Illegal 1913: prohibited Decriminalized in Marion County Delta-8 products allowed Illegal; Misdemeanor Legal to possess up to an amount of THC not exceeding 4.5 grams per 90 day period (Approx 5 Cartridges). Illegal; Felony 2014: CBD oil legalized for less than 3% THC. 2017: Medical program expanded to include more qualifying conditions.(Chronic pain, PTSD, Cancer, Epilepsy/seizures, Multiple sclerosis, Crohn's disease / ulcerative colitis). 2020: THC limit changed to 4.5 grams per 90 days. Illegal; Misdemeanor CBD oil (containing 0% THC) legal for any use Illegal 1927: prohibited 2018: CBD oil exempted from the definition of marijuana. Illegal; Misdemeanor ( or less) Legal to possess an "uninterrupted 30-day supply" Illegal; Misdemeanor (5 plants or less) 2014: CBD legalized