Cannabis law in the United States (2026)
Last reviewed: 9 October 2026
In short: Under federal law, possessing, growing and selling cannabis remain offences; state laws that permit adult use do not change this. Marijuana stays in Schedule I of the Controlled Substances Act, except FDA-approved products and marijuana subject to a state medical licence, which a rule of 28 April 2026 placed in Schedule III. Legal status for adults is otherwise set state by state; hemp is excluded from the federal definition of marijuana.
| Rule | What applies |
|---|---|
| Possession for personal usePersonal use by an adult | Criminal offence [1] |
| Growing at homePersonal use by an adult | Prohibited [2] |
| Sale to consumersPersonal use by an adult | Prohibited [2] |
Notes
- The Controlled Substances Act applies in every state. A final rule effective 28 April 2026 moved only FDA-approved marijuana products and marijuana subject to a state medical licence to Schedule III; all other marijuana remains Schedule I. A hearing on the wider 2024 proposal to move marijuana to Schedule III was scheduled to end by 15 July 2026, and no final rule for it was found on 9 October 2026.
Sources
- U.S. Government Publishing Office (govinfo): 21 U.S.C. 844 - Penalties for simple possession (consulted 9 October 2026) · all sources
- U.S. Government Publishing Office (govinfo): 21 U.S.C. 841 - Prohibited acts A (consulted 9 October 2026) · all sources
Related pages
United States: rules by state or province
| State | Possession for personal use | Growing at home | Sale to consumers | Use or carrying in public places | Medical cannabis | Visitors |
|---|---|---|---|---|---|---|
| Alabama | Criminal offence (Class A misdemeanor) | No (felony) | No adult sales; medical dispensaries only | — | Medical programme; dispensaries opening 2026 | Medical card residents only |
| Alaska | Legal for adults 21+ within limits | Yes: 6 plants (3 mature), 12 per dwelling | Licensed retail stores, 21+ | Banned in public; fine up to $100 | Yes: patient registry | Not addressed; no residency condition |
| Arizona | Legal for adults 21+ within limits | Yes: 6 plants, 12 per residence | Licensed retail stores, 21+ | Smoking banned in public places | Yes: medical programme with dispensaries | Not addressed; no residency condition |
| Arkansas | ⚠ Not yet verified | ⚠ Not yet verified | ⚠ Not yet verified | — | Yes: medical card, licensed dispensaries | Visiting medical patients: 90-day card |
| California | Legal, 21+, within limits | Up to 6 plants, 21+ | Licensed retailers | Not in public places | Yes, physician recommendation | Same 21+ rule, no residency test |
| Colorado | ⚠ Not yet verified | Up to 6 plants per person; 12 per home | Licensed retail stores | Banned in public; licensed venues excepted | Yes, for registered patients | ⚠ Not yet verified |
| Connecticut | Legal, 21+, within limits | 3 mature + 3 immature, max 12/household | Licensed retailers | Tobacco rules; towns may restrict | Yes, registered patients | Any person 21+, no residency test |
| Delaware | Legal, 21+, within limits | No home growing | Licensed retailers (since Aug 2025) | No use in public areas | Yes, registered patients | Any adult 21+; no residency test |
| District of Columbia | Legal for 21+, up to 2 oz | Yes, up to 6 plants (3 mature) | No adult-use sale permitted | Banned in public places | Yes, licensed medical programme | Any adult 21+, no residency test |
| Florida | Criminal offence (misdemeanour up to 20 g) | Prohibited, including for patients | No adult sales; medical centres only | — | Yes, resident patients with a physician order | — |
| Georgia | ⚠ Not yet verified | ⚠ Not yet verified | No adult sales; medical dispensaries only | — | Low-THC oil only, up to 12,000 mg THC | — |
| Hawaii | ⚠ Not yet verified | ⚠ Not yet verified | ⚠ Not yet verified | ⚠ Not yet verified | Yes, registered patients and dispensaries | — |
| Idaho | Illegal; penalties under the Controlled Substances Act | No (illegal to manufacture) | No legal sale | Illegal in public | No medical programme | — |
| Illinois | Legal for 21+ within limits | No (medical patients only) | Licensed dispensaries | Banned in public places | Medical programme with dispensaries | Yes, but half the resident limit |
| Indiana | Criminal offence (Class B misdemeanour) | No (criminal offence) | No (dealing is an offence) | — | ⚠ Not yet verified | — |
| Iowa | Criminal offence | No | No | — | Restricted medical programme | — |
| Kansas | Criminal offence | No (felony) | No | — | No programme; CBD-oil defence only | — |
| Kentucky | Class B misdemeanour, max 45 days | No (licensed cultivators only) | Trafficking is an offence | Patients only; no smoking, no vaping in public | Medical programme (KRS 218B) | Visiting patients 21+ with out-of-state card |
| Louisiana | Fine up to $100 (14 g or less) | Production is an offence | No adult-use sale | ⚠ Not yet verified | Therapeutic marijuana via permitted retailers | ⚠ Not yet verified |
| Maine | Legal for adults 21+, within limits | Yes: 6 mature, 12 immature plants | Licensed retail stores | Banned in public places | Medical programme (MMCP) | Visitors 21+ may buy |
| Maryland | Legal for adults 21+, within limits | Yes: 2 plants per household | Licensed dispensaries only | Smoking banned in public places | Medical programme (card needed) | Out-of-state adults 21+ may buy |
| Massachusetts | Legal for adults 21+, within limits | Yes: up to 6 plants | Licensed retailers | Banned in public places | Medical programme (certified patients) | Out-of-state adults 21+ may buy |
| Michigan | Legal for adults 21+, within limits | Yes: up to 12 plants | Licensed retailers | Not allowed in public places | Separate medical programme | Source silent on visitors |
| Minnesota | Legal for adults 21+, within limits | Yes: 8 plants, max 4 mature | Licensed sellers only | Private property or licensed venues | Medical registry programme | Source silent on visitors |
| Mississippi | Civil offence up to 30 g | Not allowed | ⚠ Not yet verified | No smoking or vaping in public or in vehicles | Medical programme (registered patients) | Visitor cardholders: lower purchase limits |
| Missouri | Legal for adults 21+, within limits | Yes, with a registration card | Licensed dispensaries | Banned outside licensed areas | Medical programme (ID cards) | Source silent on visitors |
| Montana | Legal for adults 21+, within limits | Yes: 2 mature plants, 2 seedlings | Licensed dispensaries | Banned in public places | Medical programme (registered cardholders) | Visitors may buy; only residents grow |
| Nebraska | 1 oz or less: infraction, $300 fine (first time) | ⚠ Not yet verified | ⚠ Not yet verified | ⚠ Not yet verified | Legal for qualified patients; programme not yet running | ⚠ Not yet verified |
| Nevada | Legal for adults 21+, within limits | Yes if no store within 25 miles | State-licensed stores only | Banned in public places | Medical programme (cardholders) | Out-of-state ID accepted |
| New Hampshire | Violation: $100 fine up to 3/4 oz | ⚠ Not yet verified | No (sales are an offence) | — | Therapeutic cannabis programme (RSA 126-X) | — |
| New Jersey | Legal for adults 21+, within limits | Not allowed | Licensed dispensaries | Allowed where tobacco smoking is | Medicinal Cannabis Programme | Visitors 21+ may buy |
| New Mexico | Legal for adults 21+, within limits | Yes: 12 plants, 6 mature | Licensed retailers | Banned in public spaces | Medical cannabis programme | Source silent on visitors |
| New York | Legal for adults 21+, within limits | ⚠ Not yet verified | Licensed retail dispensaries | Banned where smoking is banned | Medical cannabis programme | Source silent on visitors |
| North Carolina | Illegal; criminal misdemeanour | Prohibited (felony) | No regulated market | ⚠ Not yet verified | No medical programme | ⚠ Not yet verified |
| North Dakota | Infraction under 1/2 oz (fine only) | Prohibited | Prohibited (medical centres only) | — | Registered patients, licensed centres | Out-of-state card holders (medical) |
| Ohio | ⚠ Not yet verified | ⚠ Not yet verified | ⚠ Not yet verified | ⚠ Not yet verified | Medical programme (qualifying conditions) | No residency rule in the definition |
| Oklahoma | Criminal offence without a medical licence | ⚠ Not yet verified | Prohibited (licensed medical dispensaries only) | — | Licensed patients (broad access) | Out-of-state medical patients: 30-day licence |
| Oregon | Legal for adults 21+ within limits | Up to 4 plants per residence | OLCC-licensed retail stores | No use in public places | Medical programme (OMMP) | — |
| Pennsylvania | Criminal offence (misdemeanour) | Prohibited | Prohibited (medical dispensaries only) | — | Certified patients, 24 conditions | — |
| Rhode Island | Legal for adults 21+ within limits | Up to 3 mature + 3 immature plants | Licensed retail stores, 21+ | No smoking where tobacco smoking is banned | Registered patients, compassion centres | Out-of-state medical patients may buy |
| South Carolina | Criminal offence (misdemeanour) | Prohibited | Supply is an offence | — | CBD for severe epilepsy only | — |
| South Dakota | Criminal offence (misdemeanour up to 2 oz) | ⚠ Not yet verified | Prohibited (medical dispensaries only) | — | Registered cardholders | Non-resident medical cardholders protected |
| Texas | Criminal offence (misdemeanour) | ⚠ Not yet verified | Delivery is an offence | — | Low-THC cannabis only | — |
| Utah | Criminal offence (misdemeanour) | Prohibited | Prohibited (medical pharmacies only) | — | Patients with provider recommendation | — |
| Vermont | Legal for adults 21+ | Up to 2 mature, 4 immature plants | Licensed retail stores, 21+ | No consumption in public (civil penalty) | Registered patients, dispensaries | Medical programme: residents only |
| Virginia | Legal for adults 21+ within limits | Up to 4 plants per household | No legal sales until 1 July 2027 | No consumption in public places | Practitioner certification | Not addressed (21+ only) |
| Washington | Legal for adults 21+ within limits | Prohibited (medical patients: 6 plants) | Licensed retail stores, 21+ | No use in public (civil infraction) | Authorised patients, endorsed retailers | Not addressed (21+ only) |
| West Virginia | Criminal offence (misdemeanour) | Prohibited | Prohibited (medical dispensaries only) | — | Certified patients, limited forms | — |
| Wisconsin | Criminal offence (misdemeanour, then felony) | No (felony) | No (felony) | — | ⚠ Not yet verified | — |
| Wyoming | Criminal offence (misdemeanour) | Prohibited (misdemeanour) | Supply is an offence | — | No medical programme | — |
General information, not legal advice. Rules change: check the official source before you fly or ride.