The Divided States of Cannabis
It’s been nearly 30 years since California made history as the first state to legalize medical cannabis. Since then, 40 states have passed laws to legalize cannabis to some extent – whether for medical or recreational use – and continue to refine, redefine, or in some cases undo their regulations. Read on for a refresher of where cannabis is legal now across the country, and what direction some are taking on cannabis policies.
Recreational Cannabis
There are 24 states with recreational cannabis programs: 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, and Washington.
Medical Cannabis
There are 16 states with comprehensive medical programs: Alabama, Arkansas, Florida, Hawaii, Kentucky, Louisiana, Mississippi, Nebraska, New Hampshire, North Dakota, Oklahoma, Pennsylvania, South Dakota, Texas, Utah, and West Virginia.
CBD & Low THC
This leaves ten states where recreational and medical cannabis aren’t permitted: Georgia, Idaho, Indiana, Iowa, Kansas, North Carolina, South Carolina, Tennessee, Wisconsin, and Wyoming. However, attitudes toward cannabis vary greatly between these states, and some – like Georgia and Iowa – have restrictive low THC oil and CBD programs for qualified medical patients, while others are limited to hemp-derived CBD products.
On the Ballot?
As 2026 is an election year, activists and prohibitionists alike are collecting signatures in the hopes of getting their issue in front of voters. Cannabis advocates in Nebraska and Florida are circulating petitions to amend their state constitutions to allow individuals 21 and older the right to use cannabis for recreational purposes. The Nebraska Cannabis Initiative Petition has until July 3 to submit signatures, while the Florida deadline passed on February 1. The Florida Department of State announced the petition failed to meet the requirements to be placed on the ballot, though Smart and Safe Florida argues the declaration is premature and that they submitted more than enough signatures to qualify.
Meanwhile, prohibitionists in Massachusetts, Maine, and Arizona want to eliminate their states’ already established adult-use markets. Signatures in Massachusetts have been filed and now await ballot confirmation from the State legislature, while anti-cannabis advocates in Arizona and Maine are in the process of collecting signatures.
Interestingly, in Idaho, legislative initiatives seem to be all over the map. Confirmed to be on the ballot in 2026 is Idaho HJR 4 – a possible constitutional amendment that specifies only the State Legislature has the authority to legalize cannabis, narcotics, and other psychoactive drugs, effectively removing the ability for citizens to initiate state statutes to legalize these substances. At the same time, advocates are at work collecting signatures for two opposing measures – the Idaho Medical Marijuana Legalization Initiative, which would create a regulated medical program, and the Idaho Marijuana Legalization Initiative, which focuses on decriminalizing personal use and cultivation for adults 21+.