Legality of cannabis by U.S. jurisdiction


In the United States, cannabis is legal in 40 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. 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. In April 2024 during the Biden administration, the Department of Justice initiated a process to reschedule cannabis to the less-restrictive Schedule III. A December 18, 2025 executive order expedited the process of rescheduling.
The medical use of cannabis is legal with a medical recommendation in 40 states, four out of five permanently inhabited U.S. territories, and the federal District of Columbia. Ten other states have laws that limit the psychoactive compound tetrahydrocannabinol, for the purpose of allowing access to products rich in cannabidiol, 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 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 for prescription use are Marinol and Syndros, Cesamet, and Epidiolex. 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 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




StateRecreationalMedicalCultivationNotes
AlabamaHs|3main article|Cannabis in Alabama

Federal district

DistrictRecreationalMedicalCultivationNotes
Washington, D.C.|name=District of ColumbiaHs|1convert|2|oz|g|abbr=onmain article|Cannabis in Washington, D.C.convert|1|oz|g|abbr=on

By inhabited territory

TerritoryRecreationalMedicalCultivationNotes
American SamoaHs|7main article|Cannabis in American Samoa

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.
ReservationRecreationalMedicalCultivationNotes
Flandreau Santee Sioux Tribe
LegalLegalIllegal; Only one site has been allowed as the primary growing location.In summer 2015, the tribal authorities voted 5–1 to legalize recreational cannabis, making them the first reservation to do so following the 2013 Cole Memorandum.
Oglala Lakota Sioux Tribe LegalLegalLegalLegalized by referendum in March 2020, ordinance effective November 27, 2020.
Suquamish Tribe
LegalLegalLegalIn September 2015, the tribe signed the nation's first tribe-state cannabis pact, under which the tribe would operate a cannabis retail store with regulations paralleling those of Washington state.
Squaxin Island Tribe
LegalLegalLegalLegalized in November 2015.
Eastern Band of Cherokee Indians
LegalLegalIllegal
St. Regis Mohawk TribeLegalLegalLegal for medical & recreational use up to an amount of twelve plants.Legislation approved in June 2021 legalizing recreational use of cannabis and establishing a dispensary license program where all growing, processing, and sales must take place on tribal land.
Tuscarora Reservation LegalLegalLegalOnly legal to buy and sell if you're a land owner in the Tuscarora Reservation, little to no regulations.
Omaha Reservation LegalLegal

More maps



Cannabis offense record clearance by state.