Where Is Cannabis Legal in the US?
Cannabis is legal for adults in 24 states and the District of Columbia. Medical cannabis is legal in 38 states plus DC. Hemp-derived CBD with 0.3% THC or less is legal under federal law, but each state sets its own rules for how it can be sold.
Which States Have Legal Recreational Cannabis?
Twenty-four states let adults 21 and older buy and possess cannabis for fun, not just for medicine. DC joined the list in 2015. Here is the group by region.
- West: Alaska, Arizona, California, Colorado, Montana, Nevada, New Mexico, Oregon, Washington
- Midwest: Illinois, Michigan, Minnesota, Missouri, Ohio
- Northeast: Connecticut, Maine, Maryland, Massachusetts, New Jersey, New York, Rhode Island, Vermont, Virginia
- Mid-Atlantic: Delaware, plus the District of Columbia
Virginia is a special case. Adults can possess up to one ounce and grow four plants at home, but retail stores have not opened. Delaware and Ohio launched sales in the past two years, and a few other states are still building their licensing systems.
Which States Allow Medical Cannabis Only?
Thirty-eight states plus DC run a medical cannabis program. In these states you need a doctor's approval and, in most cases, a state card before you can buy anything.
States that allow medical use but not adult use include Alabama, Arkansas, Florida, Georgia, Hawaii, Iowa, Kentucky, Louisiana, Mississippi, Nebraska, New Hampshire, North Dakota, Oklahoma, Pennsylvania, South Dakota, Texas, Utah, and West Virginia.
Several of these programs cap THC. Texas limits medical cannabis to 1% THC by weight. Georgia allows low-THC oil only. Kentucky's program, which started in 2025, covers a short list of conditions.
Where Is Cannabis Still Illegal?
Kansas, Idaho, Wyoming, South Carolina, and Tennessee have no regulated medical or adult-use market. Possession in those states can lead to jail time, not just a fine.
North Carolina and Wisconsin run narrow CBD-only programs. Indiana permits CBD with trace THC. A simple possession charge in one of these states can cost more than a ticket, so check the rules before you travel.
Is CBD Legal in All 50 States?
Hemp CBD is legal under federal law in every state, with limits. The 2018 Farm Bill removed hemp (cannabis with 0.3% THC or less) from the Controlled Substances Act, which opened the door to nationwide shipping of CBD oil, gummies, and topicals.
State rules sit on top of that. Idaho has seized hemp products with any measurable THC. Some states require lab testing, child-proof packaging, and age limits for CBD sales. Others treat CBD like any other supplement.
The FDA has approved one CBD medicine and does not allow CBD in food or dietary supplements sold across state lines. Enforcement has been light, which is why CBD sits on shelves in most states.
How Do Cannabis Laws Differ From State to State?
Two states can both call cannabis legal and still have nothing in common. The details that matter most:
- Possession limits: one ounce in most states, up to three ounces in Maine and a few others.
- Home grow: allowed in about half of adult-use states, banned for most users in Illinois and Washington.
- Retail: some states license private shops, others run state stores or allow delivery only.
- Taxes: sales tax plus an excise tax that ranges from about 10% to 37%.
- Medical cards: some states honor out-of-state cards, most do not.
Does Federal Law Allow Cannabis?
No. Cannabis is a Schedule I controlled substance under the Controlled Substances Act, in the same tier as heroin. That status has not changed, even as 24 states allow adult sales.
A 2024 federal proposal would move cannabis to Schedule III, a lower tier that covers prescription drugs such as ketamine. Hearings have run into 2025 and no final rule has taken effect.
Congress has blocked the Justice Department from using federal money to stop state medical programs since 2014. That protection covers medical cannabis only and must be renewed each year.
What This Means for CBD Shoppers
If you buy hemp CBD online, federal law treats the product as legal so long as THC stays at or below 0.3% on a dry weight basis. Shipping limits come from state rules, not from the plant itself.
Ask for a certificate of analysis from a third-party lab. A COA shows THC content, cannabinoid levels, and pesticide results. That paperwork matters more than the state you live in, because it proves what is inside the bottle.
Check your state health department page before you buy a high-THC product. For CBD, most states impose no extra rules beyond labeling.
FAQ: Cannabis Legality by State
Is cannabis legal in Florida?
Medical only. Florida voters rejected an adult-use amendment in November 2024 with 56% support, short of the 60% needed. The state medical program is one of the largest in the country.
Is cannabis legal in Texas?
Medical only, and the program is narrow. Texas caps THC at 1% and limits who can qualify. Adult use has not passed the legislature.
Is cannabis legal in Pennsylvania?
Medical only since 2016. Adult-use bills have stalled in the state senate for several sessions.
Can I cross state lines with cannabis?
No. Moving cannabis between two legal states is a federal crime. Airports, national parks, and federal land follow federal law, not state law.