Legality of cannabis by U.S. jurisdiction

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.

In the United States, cannabis is legal in 38 of 50 states for medical use and 24 states for recreational use. At the federal level, cannabis is classified as a Schedule I drug under the Controlled Substances Act, determined to have a high potential for abuse and no accepted medical use, prohibiting its use for any purpose.[1] Despite this prohibition, federal law is generally not enforced against the possession, cultivation, or intrastate distribution of cannabis in states where such activity has been legalized.[2][3] Beginning in 2024, the Drug Enforcement Administration has initiated a review to potentially move cannabis to the less-restrictive Schedule III.[4]

The medical use of cannabis is legal with a medical recommendation in 38 states, four out of five permanently inhabited U.S. territories,[a] and the federal District of Columbia (D.C.).[5] Ten other states have laws that limit the psychoactive compound tetrahydrocannabinol (THC), for the purpose of allowing access to products rich in cannabidiol (CBD), a non-intoxicating component of cannabis.[5][6] The Rohrabacher–Farr amendment, first passed in 2014, prohibits federal prosecution of individuals complying with state medical cannabis laws.[7]

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][8] 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[9] at the federal level, but legality and enforcement varies by state.[10][11][12]

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.[13] Nebraskans decided on a ballot measure related to medical cannabis the same day, which passed but is currently awaiting legal review.[14]

  1. ^ State-By-State Medical Marijuana Laws (PDF), Marijuana Policy Project, December 2016
  2. ^ The Federal Status of Marijuana and the Expanding Policy Gap with States, Congressional Research Service, March 6, 2023, IF12270, Although state laws do not affect the status of marijuana under federal law ... the federal response to states' legalizing or decriminalizing marijuana largely has been to allow states to implement their own laws...Federal law enforcement has generally focused its efforts on criminal networks involved in the illicit marijuana trade.
  3. ^ Haviland, Jane (March 16, 2023). "Attorney General Merrick Garland on DOJ's New Marijuana Policy". www.natlawreview.com. XIV (1). Retrieved January 2, 2024.
  4. ^ Miller, Zeke; Goodman, Joshua; Mustian, Jim; Whitehurst, Lindsay (May 1, 2024). "US poised to ease restrictions on marijuana in historic shift, but it'll remain controlled substance". Associated Press News. Retrieved May 1, 2024.
  5. ^ a b "State Medical Cannabis Laws". National Conference of State Legislatures. June 22, 2023. Retrieved April 26, 2024.
  6. ^ "Overview of States' Flawed High-CBD Laws". Marijuana Policy Project. Retrieved April 26, 2024.
  7. ^ Ingraham, Christopher (June 13, 2017). "Jeff Sessions personally asked Congress to let him prosecute medical-marijuana providers". The Washington Post. Archived from the original on June 13, 2017. Retrieved December 31, 2017.
  8. ^ "Marijuana Overview". National Conference of State Legislatures. October 17, 2019. Retrieved December 31, 2017.
  9. ^ McPhillips, Deidre (January 26, 2023). "FDA indicates need to better regulate CBD products and plans to work with Congress on new rules". CNN. Retrieved June 26, 2023.
  10. ^ Hudak, John (December 14, 2018). "The Farm Bill, hemp legalization and the status of CBD: An explainer". The Brookings Institution. Archived from the original on February 25, 2020. Retrieved June 3, 2019.
  11. ^ Williams, Timothy (May 6, 2019). "CBD Is Wildly Popular. Disputes Over Its Legality Are a Growing Source of Tension". The New York Times. Archived from the original on May 30, 2019. Retrieved June 3, 2019.
  12. ^ Mentzer, Rob (January 4, 2022). "A loophole in federal marijuana law has led to the creation of new THC product". NPR.
  13. ^ "North Dakota: Marijuana Legalization Measure Will Appear on November Ballot". NORML. August 12, 2024. Retrieved August 22, 2024.
  14. ^ "Nebraska Voters To Decide on Medical Cannabis Access Measures". NORML. September 3, 2024. Retrieved September 8, 2024.


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