Buzz
Following several election cycles in which ballot measures and legislative actions expanded legal access to recreational cannabis across nearly half the U.S., progress toward legalization stalled in 2024. Ballot initiatives to legalize cannabis failed in North Dakota, South Dakota, and Florida. While a majority of Floridians voted in favor of legalizing weed, the proposal did not meet the 60% approval threshold required to pass.
In other areas, proposals to legalize medical cannabis in Nebraska and create a state-run regulatory board received strong public backing, but face significant legal hurdles in court.
Cannabis continues to be classified as a Schedule I Drug at the federal level, despite President Joe Biden's announcement in May to reclassify it as a Schedule III drug. In September, the DEA revealed that an administrative hearing on the reclassification is set for December 2. If cannabis is moved to Schedule III, it would represent a shift in federal policy, but not full federal legalization. Instead, it would acknowledge cannabis as having a lower risk of physical or psychological dependence, placing it in a category distinct from Schedule I drugs like heroin and ecstasy, which are considered to have no medical use and a high potential for abuse.
Although reclassification won't lead to federal legalization of cannabis, nor alter its legal status in states that have already legalized medical or recreational use, it may make it simpler for scientists to study its medical benefits and enable businesses to claim more credits and deductions on federal taxes.
Federal policy is shifting in line with public opinion
Biden's May announcement reflects changing public views on cannabis, coinciding with a rise in state-level legalization efforts. A PEW research study released in March 2024 found that 88% of Americans support legalization for either medical or recreational use. Additionally, during his reelection campaign, Trump suggested he might back federal legalization in his second term.
As of November 2024, 24 states have legalized cannabis for recreational use. In contrast, cannabis (excluding THC-free CBD) remains largely illegal in 11 states, while 15 other states permit medical use, though with varying restrictions.
Here’s an overview of where cannabis is legal for both recreational and medical use (and where it’s not) as of May 2024.
States That Legalized Weed in 2024
Nebraska: Two ballot initiatives, one for legalizing medical cannabis and another for establishing a government commission to regulate it, secured more than 65% voter approval in the 2024 presidential election. However, these measures are now facing legal challenges due to issues with the way signatures were gathered to get the initiatives on the ballot.
States That Have Legalized Recreational Cannabis as of November 2024
In 24 states, including new additions from 2023, cannabis is regulated like alcohol—it’s legal for adults (21 and over) to buy, and it’s taxed and controlled by the government. While the specifics of what can be purchased and possessed (and where) may vary by state, all these states have also legalized medical cannabis.
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
Washington
Recreational cannabis is also legal in Guam and the Northern Mariana Islands.
Regions with legal cannabis but no retail sales
In the District of Columbia, cannabis possession and cultivation of limited amounts are permitted, but there are no retail sales outside of medical cannabis from a small group of licensed dispensaries.
States with medical cannabis laws as of November 2024
Several states have legalized medical cannabis but have not expanded to allow recreational use.
Alabama
Arkansas
Florida
Hawaii*
Kentucky
Louisiana
Minnesota*
New Hampshire*
North Dakota*
South Dakota
Nebraska**
Oklahoma
Pennsylvania
Utah
West Virginia
*As reported by the Marijuana Policy Project, these states have decriminalized cannabis, meaning that the penalties for possessing small amounts of marijuana have been reduced or eliminated.
**Currently, these states are facing legal challenges regarding their cannabis laws.
States where cannabis has little to no legal standing.
In these states, medical or recreational cannabis remains illegal, and marijuana is not decriminalized. However, all but Idaho have legalized low-THC CBD products for medical use. Although these products are technically considered legal medical cannabis, they don't establish a fully functioning medical cannabis market.
Georgia
Idaho
Indiana
Iowa
Kansas
North Carolina
South Carolina
Tennessee
Texas
Wisconsin
Wyoming
The status of hemp-derived cannabis in terms of legality.
The aforementioned cannabis products typically refer to delta-9 THC, the psychoactive compound found in marijuana. However, advances in extraction techniques have led to the creation of new synthetic cannabis products derived from hemp, such as delta-8 THC and the more recent THCa.
These substances are considered federally "legal" due to a provision in the 2018 Farm Bill that permitted hemp cultivation. Although several states have implemented local laws to regulate these products, they continue to be widely available, offering an alternative to traditional cannabis. However, the lack of manufacturing regulations has sparked concerns about their safety.
First published in 2020, this article has been periodically updated to reflect the evolving legal landscape across the country. The most recent update occurred in November 2024.
