Legality of cannabis by U.S. jurisdiction

In the United States, cannabis is legal in 41 of 50 states for medical use and 24 states for recreational use. At the federal level, cannabis is generally classified as a Schedule I drug under the Controlled Substances Act, determined to have a high potential for abuse. However, licensed medical cannabis is classified as Schedule III, reflecting its medical use and lower abuse potential, while unlicensed cannabis products remain Schedule I substances. Despite these prohibitions, federal law is generally not enforced against the possession, cultivation, or intrastate distribution of cannabis in states where such activity is legal under state law. During the 117th United States Congress, a bill to decriminalize marijuana in federal law passed the House of Representatives but failed in the Senate. In April, 2024, during the Biden administration, the Department of Justice initiated a process to reschedule cannabis to the less-restrictive Schedule III. Executive Order 14370, issued December 18, 2025 during the second Trump administration, expedited the process of rescheduling.

The medical use of cannabis is legal with a medical recommendation in 41 states, four out of five permanently inhabited U.S. territories, and the federal District of Columbia (D.C.). Eight other states have laws that limit the psychoactive compound tetrahydrocannabinol (THC) concentration, for the purpose of allowing access to products rich in cannabidiol (CBD), 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 (FDA) for prescription use are Marinol and Syndros (synthetic THC is the active ingredient in both), Cesamet (nabilone), and Epidiolex (CBD). 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 (cannabis containing less than 0.3% delta-9 THC) 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.