State Marijuana Laws

Table of Contents: 

• General information on state marijuana laws
• Federal marijuana laws
• State marijuana law table
• Links to state-specific pages on marijuana law

State and federal laws make it a crime to possess, cultivate, manufacture, and/or sell illegal controlled substances. In some jurisdictions, this includes marijuana.

For several years, state lawmakers have revised state marijuana laws to permit adult use of medical cannabis or adult recreational use of small amounts of marijuana. The federal government has generally not interfered with these state law changes.

State laws on marijuana use can vary. For example:

• 24 states and the District of Columbia have legalized recreational marijuana
• 16 states only allow medical marijuana use
• In three states (Idaho, Indiana, and Kansas), marijuana is illegal
• Some states permit residents to have cannabis plants in their homes, while others do not

In some states, the state legislature has initiated reforms related to marijuana use. In others, voters passed ballot initiatives that decriminalized or legalized marijuana possession and cultivation.

Early state legalization laws focused on approving medical use for cannabis products such as CBD oil (cannabidiol). These products often do not contain the psychoactive compound THC found in marijuana or contain only a very small amount. Later, cannabis laws expanded the type and amount of marijuana available for medical use.

Recreational marijuana laws are a more recent development. Washington State was the first state to legalize the recreational use of marijuana in 2012. No state law legalizes marijuana use by anyone under 21 years of age.

Federal Marijuana Law

Changes in the scheduling of a drug can occur in one of two ways under federal law. The executive agencies that oversee the CSA can conduct an administrative review. Congress can also change the law, removing a drug from the schedules or revising its placement. This means that marijuana remains illegal at the federal level, and the legal effect will depend on DEA rulemaking.

At the federal level, the President signed an executive order on December 18, 2025, directing federal agencies to move marijuana from Schedule I to Schedule III. In May 2026, the Department of Justice and the DEA moved state-licensed medical marijuana and FDA-approved marijuana to Schedule III.

Need More Information?

Whether you’re looking to open a cannabis-related business, are facing criminal charges related to marijuana, or wish to better understand marijuana regulations in your state, an attorney in your area can help. 

• In states that have legalized marijuana, consult with a business attorney experienced in cannabis business regulation 
• If you or someone you know is facing criminal charges, talk to a local criminal defense attorney as soon as possible

No matter what your situation, an attorney can help you understand your options and protect your rights and interests.

Summary of Marijuana Laws

Marijuana is legal in these states for medical and recreational use: Alaska, Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Illinois, Maine, Maryland, Massachusetts, Minnesota, Missouri, Montana, Nevada, New Jersey, New Mexico, New York, Ohio, Oregon, Rhode Island, Vermont, Virginia, and Washington.

Marijuana is legal for medical purposes only in Alabama, Arkansas, Florida, Kentucky, Oklahoma, Pennsylvania, South Dakota, Texas, Utah, and West Virginia.

Marijuana is legal for medical purposes and partially decriminalized in Hawaii, Louisiana, Mississippi, Nebraska, New Hampshire, and North Dakota.

CBD Oil is permitted for the treatment of some illnesses in Georgia, Indiana, Iowa, Tennessee, Wisconsin, and Wyoming. CBD oil must have less than .3% THC by weight to be legal.

Marijuana is illegal and has not been decriminalized in Idaho, Kansas, and South Carolina. However, South Carolina allows a limited medical use of CBD.

Employment Marijuana Test Laws

Even where marijuana is legal, state laws acknowledge that employers may restrict the use of marijuana or any other drug for employee or public safety. Federal and state laws limit the use of pre-employment drug testing to after a conditional offer of employment, meaning employers cannot use drug use to screen potential employees.

On the job, employers may test workers in accordance with the company’s employee handbook or agreement. Some states, like California, prohibit employers from terminating workers for recreational marijuana use on weekends if a test discovers it during the week. This rule requires employees to disclose their marijuana use to their employers prior to testing.

Table: Marijuana Laws By State