Until recently, all marijuana use in the United States was illegal. However, in recent years, there has been a dramatic increase in the number of states legalizing marijuana use. Most states began by allowing the use of medical marijuana for certain medical conditions, such as cancer, epilepsy and Crohn’s disease. Following that, the trend for legalizing the recreational use of marijuana began.
Since these trends began, laws governing the use, possession, and sale of marijuana have seen drastic changes. This refers to changes in state law. As of 2025, it is important to note that in terms of federal law, marijuana use remains illegal, though significant rescheduling efforts are underway that may soon change its federal classification.
This area of law may be subject to change or adjustment in the future with changes in presidential administration.
Federal Law: Marijuana use is still prohibited by federal law, whether the use be medical or recreational. Marijuana remains a Schedule I illegal drug under federal law, making it a crime to use, possess or sell marijuana. Different administrations have taken different stances on whether or not they will pursue various marijuana issues, such as medical marijuana.
During the administration of President Barack Obama, Deputy Attorney General James Cole issued a memorandum that stated that the federal government would not attempt to prosecute the use of marijuana in states that had legalized it in some fashion. However, this memorandum was rescinded by Attorney General Jeff Sessions in January of 2018.
State Law: States throughout the U.S. vary a good bit in how they regulate the use of marijuana. There are three basic categories of laws regarding marijuana use:
- Medicinal Use refers to the use of marijuana to treat medical conditions. It requires written authorization from a physician.
- Recreational Use refers to the use of marijuana for recreational purposes only.
- Decriminalization Laws are laws that have relaxed criminal penalties concerning certain amounts of marijuana or areas where marijuana is found, such as in one’s home.
On December 18, 2025, an Executive Order was signed titled “Increasing Medical Marijuana and Cannabidiol Research,” directing the Attorney General to expedite the rulemaking process to reschedule marijuana from Schedule I to Schedule III. While marijuana has not yet been officially reclassified (the formal DEA rulemaking must still be completed and a Final Rule published in the Federal Register) this Executive Order represents the most significant presidential action on federal marijuana policy since the Controlled Substances Act of 1970.
If rescheduling to Schedule III is finalized, several significant changes would follow:
- Tax Relief: Cannabis businesses would no longer be subject to I.R.C. Section 280E, which currently prohibits businesses trafficking in Schedule I or II substances from deducting ordinary business expenses. This has resulted in effective tax rates exceeding 70% for cannabis companies.
- Medical Recognition: Schedule III classification would officially recognize that marijuana has “currently accepted medical use,” aligning federal policy with the 40 states that maintain medical marijuana programs.
- Research Expansion: The strict DEA registration requirements for Schedule I research would be lifted, allowing for more robust clinical trials.
- Important Limitation: Rescheduling would NOT federally legalize recreational marijuana or automatically validate existing state adult-use markets. Schedule III drugs still require FDA-approved manufacturing and prescriptions.
2025 Federal Hemp THC Ban
On November 12, 2025, the Continuing Appropriations and Extensions Act of 2026 (P.L. 119-37) was signed, which included Section 781—a provision closing the “hemp loophole” created by the 2018 Farm Bill. This legislation will fundamentally restructure hemp regulation when it takes effect on November 12, 2026.
Key provisions of the new federal hemp regulations include:
- Total THC Standard: Changed from 0.3% delta-9 THC to 0.3% “total THC” including THCA
- Per-Container Cap: Maximum 0.4 milligrams of total THC per container for finished products (a standard gummy contains 2.5-10mg)
- Synthetic Cannabinoid Ban: Delta-8 THC, delta-10 THC, HHC, THC-O, and other converted cannabinoids excluded from hemp definition
- Industrial Hemp Preserved: Fiber, grain, seed oil, and research uses remain legal
- Industry estimates project 95% of the $28 billion hemp retail market will be eliminated, threatening over 300,000 jobs
States/Districts Where Marijuana is Legal for Recreational Use
In states where recreational use of marijuana has been legalized, it has been legalized for adult use, which generally means for people who are age 21 and up. Amounts that may be possessed varies by state. Most states allow for the possession of larger quantities in the home, and lesser quantities when traveling outside the home. Recreational states also allow for the cultivation of marijuana plants by private individuals. How many plants an individual may cultivate varies by state.
Recreational states have also developed commercial industries for the cultivation and sale of marijuana. Different laws apply to those with commercial licenses.
The following are states where recreational marijuana use has been legalized (24 states plus Washington D.C. as of 2025):
- 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 (possession and home cultivation legal; retail sales not yet operational)
- Washington
- Washington D.C.
Additionally, the U.S. territories of Guam, the Northern Mariana Islands, and the U.S. Virgin Islands have also legalized recreational marijuana.
Note on Ohio: On December 20, 2025, SB 56 was signed, which substantially restricted Ohio’s voter-approved 2023 legalization. The law criminalizes possessing marijuana purchased at out-of-state dispensaries, removes workplace protections for consumers, imposes THC limits on concentrates, and requires hemp-derived products be sold only at licensed dispensaries.
States Where Medical Marijuana is Legal
Many other states have not thus far legalized marijuana for recreational use, but have passed laws broadly allowing the use of marijuana for certain medical conditions. Laws in these states typically define the medical conditions that qualify for medical marijuana use.
For those individuals with qualifying conditions, there is a registry they may sign up for, which provides them evidence (if stopped by police) that their possession of marijuana is legal. Amounts that may be possessed will vary by state. Many medical states have allowed for medical marijuana dispensaries.
There are also a few states which do not allow the smoking of marijuana for medical purposes, but allow cannabis-infused products to be consumed for medical purposes.
Additionally, there are a few states that have not passed laws allowing for broad medical marijuana use, but which have permitted marijuana used in certain very limited situations (for very specific medical conditions).
In states where medical use is permitted, but not recreational use, laws stating penalties for recreational use remain. As of 2025, cannabis is legal for medical use in 40 states, four U.S. territories, and Washington D.C. The following states have comprehensive medical marijuana programs without recreational legalization:
- Alabama
- Arkansas
- Florida
- Hawaii
- Kentucky (program launched January 1, 2025)
- Louisiana
- Mississippi
- Nebraska (approved by voters November 2024; implementation pending due to legal challenges)
- New Hampshire
- North Dakota
- Oklahoma
- Pennsylvania
- South Dakota
- Texas (significantly expanded September 1, 2025)
- Utah
- West Virginia
Texas Medical Cannabis Expansion: On June 21, 2025, House Bill 46 was signed, marking the most significant reform to the Texas Compassionate Use Program since its 2015 creation. Effective September 1, 2025, the expanded program includes new qualifying conditions (chronic pain, traumatic brain injury, Crohn’s disease, terminal illnesses), replaces the 1% THC cap with a 10mg per dose limit, adds new delivery methods including non-smoked inhalation, and expands dispensary licenses from 3 to 15 statewide. Over 116,000 patients are now enrolled. Texas became the 40th state to adopt a comprehensive medical cannabis program with this expansion.
2024 Ballot Measure Results: Florida’s Amendment 3 (recreational legalization) received 55.9% approval but failed to reach the required 60% supermajority. Both North Dakota and South Dakota rejected recreational legalization measures. Nebraska voters approved medical marijuana (Initiatives 437 and 438), though implementation is stalled due to legal challenges.
States with CBD-Only or Low-THC Programs
Some states have limited medical marijuana programs that only allow CBD products or products with very low THC levels for specific medical conditions. These are not considered comprehensive medical marijuana programs. As of 2025, these states include: Georgia, Indiana, Iowa, North Carolina, South Carolina, Tennessee, and Wisconsin.
States with No Broad Legalization of Marijuana, Either Recreational or Medical
The remainder of states in the U.S. have not passed laws allowing for the recreational use of marijuana, or laws allowing for the broad use of medical marijuana.
In some cases, individual states might have very narrow exceptions allowing medical marijuana for conditions such as very severe epilepsy. However, these states do not allow medical marijuana generally. The following states have not legalized recreational or comprehensive medical use:
Note: The list above has been significantly reduced from prior versions. Many states that previously had no marijuana programs (including Alabama, Kentucky, Mississippi, Nebraska, and Texas) have since enacted comprehensive medical marijuana programs. Georgia, Indiana, Iowa, North Carolina, South Carolina, Tennessee, and Wisconsin have limited CBD-only or low-THC programs but not comprehensive medical programs.
States that Have Decriminalized Marijuana in Certain Amounts
The following states have decriminalized the possession of marijuana in certain amounts. Decriminalization laws allow for lesser penalties for marijuana possession, usually based on the amount of marijuana possessed. Typically, decriminalization means no arrest, prison time, or criminal record for first-time possession of small amounts for personal use. These offenses are often treated like minor traffic violations.
As of 2025, 31 states and Washington D.C. have either decriminalized or fully legalized cannabis possession. The following states have decriminalized but not fully legalized recreational use:
- Hawaii
- Louisiana
- Mississippi
- Nebraska
- New Hampshire
- North Carolina
- North Dakota
Note: Many states that previously only had decriminalization have since fully legalized recreational marijuana and are listed in the recreational use section above (including Connecticut, Delaware, Illinois, Maryland, Minnesota, Missouri, New York, Ohio, and Rhode Island).
Should I Contact an Attorney If I am Facing Charges for Marijuana?
Laws regarding marijuana use vary by state and can change from year to year after elections and new legislation. The pending federal rescheduling to Schedule III would not automatically legalize marijuana. State laws remain controlling within state borders. Additionally, the new federal hemp regulations taking effect in November 2026 may create additional legal issues for those who possess hemp-derived products that were previously legal.
If you have been charged with a marijuana-related offense, but believe you are protected under your state’s marijuana laws, then you should seek the advice of a cannabis lawyer in your state.
