After a string of election cycles during which ballot measures and legislative efforts to legalize recreational cannabis expanded access to the drug to nearly half of the United States, things seem to have hit a wall in 2024. Ballot measures to legalize cannabis failed in three states—North Dakota, South Dakota, and Florida (a majority of voters opted for legal weed in Florida, but the proposal fell short of the 60% approval needed to pass).
Elsewhere, proposals to legalize cannabis for medical use in Nebraska and establish a government board to regulate it both received overwhelming approval, but face challenges in the courts.
Meanwhile, cannabis remains a Schedule I Drug at the federal level, despite President Joe Biden’s announcement back in May that it would be reclassified to a Schedule III drug. In September, the Drug Enforcement Agency announced that an administrative hearing on the reclassification is scheduled for Dec. 2 of this year. Reclassifying cannabis as a Schedule III drug would mark a major change in federal policy, but it is not the same as federal legalization. Instead, it would mean cannabis is no longer classed with more serious drugs in Schedule I (drugs considered to have “no medical use” and a high potential for abuse; examples include heroin and ecstasy). Schedule III drugs are considered to have a mild to low risk of physical or psychological dependance.
While reclassification won’t federally legalize the drug, nor change its legal status at the local level in states that have legalized medical or recreational use, it could make it easier for scientists to research its benefits for medical use, as well as allow business to claim more credits and deductions on their federal taxes.
Federal policy is following public sentiment
Biden’s May announcement mirrors changing public opinion on the drug, and follows a surge in state-level legalization efforts. A PEW research study published in March 2024 showed 88% of Americans support legalization for medical or recreational use. And for what it’s worth, during his reelection campaign, Trump indicated he would potentially support federal legalization during his second term.
As of November 2024, 24 states have legalized cannabis for recreational use; cannabis (as opposed to THC-free CBD) is still (more or less) wholly illegal in 11 states, while the remaining 15 allow for legal medical use, with varying restrictions.
Here’s a rundown of where weed is legal for recreational and medical use (and where it isn’t) as of May 2024.
States that legalized weed in 2024
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Nebraska: Two ballot measures, one to legalize medical cannabis and one to create a government commission to regulate it, passed with more than 65% voter approval during the 2024 presidential election. However, they currently face court challenges due to the way signatures were collected to get those measures onto the ballot.
States that have legalized recreational cannabis as of November 2024
In 24 states, including 2023’s new additions, weed is treated like alcohol—it’s legal for adults (21 and over) to purchase and is regulated and taxed by the government. The specifics of what you can purchase and possess (and where) vary a bit by state. These states also have medical cannabis.
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Alaska
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Arizona
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California
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Colorado
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Connecticut
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Delaware
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Illinois
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Maine
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Maryland
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Massachusetts
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Michigan
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Minnesota
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Missouri
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Montana
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Nevada
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New Jersey
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New Mexico
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New York
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Ohio
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Oregon
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Rhode Island
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Vermont
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Virginia
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Washington
Recreational weed is also legal in Guam and the Northern Mariana Islands.
Areas that have legal weed but no sales
In the District of Columbia, it’s legal to possess and grow limited amounts of weed, but there are no commercial sales outside of medical cannabis from a limited number of licensed dispensaries.
States that have medical cannabis laws as of November 2024
A number of states have legalized medical cannabis but do not allow broader recreational use.
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Alabama
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Arkansas
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Florida
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Hawaii*
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Kentucky
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Louisiana
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Minnesota*
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New Hampshire*
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North Dakota*
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South Dakota
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Nebraska**
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Oklahoma
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Pennsylvania
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Utah
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West Virginia
*According to the Marijuana Policy Project, these states have also decriminalized cannabis, reducing or removing jail time for possession of limited amounts of weed.
**Currently facing court challenges
States that have (almost) nothing
The remaining states do not permit broad medical or recreational cannabis—nor is weed decriminalized—though all except for Idaho allow access to low-THC products containing CBD for medical use (which, while technically “legal medical cannabis,” isn’t quite the same thing as a robust legal medical market).
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Georgia
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Idaho
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Indiana
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Iowa
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Kansas
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North Carolina
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South Carolina
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Tennessee
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Texas
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Wisconsin
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Wyoming
The legal status of hemp-derived cannabis
All of the above references cannabis containing delta 9 THC, the intoxicating substance naturally found in the cannabis plant. However, new extraction techniques have allowed manufacturers to create synthetic forms of cannabis derived from hemp plants, including delta 8 THC and, more recently, THCa.
These substances are federally “legal” due to a loophole in the 2018 Farm Bill that allowed for the cultivation of hemp. While some states have tried to rein in these products with local legislation, they continue to proliferate, providing a (more or less) legal alternative to tried-and-true cannabis—though the lack of regulations governing their manufacture has raised questions about their safety.
Originally published in 2020, this article has been updated periodically to reflect changing laws around the country. It was most recently updated in November 2024.