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Cannabis law, jurisdiction by jurisdiction

Texas was last re-read 2026-10-20; every other jurisdiction here has been checked at least since 2026-09-18. This is a description of the law, not legal advice, and it does not cover federal law, which still classifies marijuana as a controlled substance.

This is the reference table behind the summary on the front page: all 51 jurisdictions — fifty states and the District of Columbia — with the note and the sources for each one. Texas itself is on the front page in full, and it is repeated below so this table is complete on its own.

Where the evidence does not settle which category a jurisdiction belongs in, the note for that jurisdiction says UNCERTAIN and gives the reading that could be argued instead. On this subject a stated gap is worth more than a confident guess.

How the jurisdictions divide

CategoryJurisdictions
Adult use legal25
Medical only16
Limited medical6
No state program4
Total51

Every jurisdiction at a glance

Decriminalised means possession of a small amount is not a criminal charge under state law. It is a separate question from whether the state runs a cannabis programme, which is what the category column records. The "since" year is the year of the programme the category names, not the year of decriminalisation.

JurisdictionCategoryDecriminalisedSince
AlabamaMedical onlyNo2021
AlaskaAdult use legalYes2014
ArizonaAdult use legalYes2020
ArkansasMedical onlyNo2016
CaliforniaAdult use legalYes2016
ColoradoAdult use legalYes2012
ConnecticutAdult use legalYes2021
DelawareAdult use legalYes2023
District of ColumbiaAdult use legalYes2015
FloridaMedical onlyNo2016
GeorgiaMedical onlyNo2015
HawaiiMedical onlyYes2000
IdahoNo state programNo—
IllinoisAdult use legalYes2020
IndianaNo state programNo—
IowaLimited medicalNo2017
KansasLimited medicalNo2019
KentuckyMedical onlyNo2025
LouisianaMedical onlyNo2015
MaineAdult use legalYes2016
MarylandAdult use legalYes2023
MassachusettsAdult use legalYes2016
MichiganAdult use legalYes2018
MinnesotaAdult use legalYes2023
MississippiMedical onlyPartly2022
MissouriAdult use legalPartly2022
MontanaAdult use legalYes2021
NebraskaLimited medicalPartly2024
NevadaAdult use legalYes2017
New HampshireMedical onlyYes2013
New JerseyAdult use legalYes2021
New MexicoAdult use legalYes2021
New YorkAdult use legalYes2021
North CarolinaLimited medicalPartly2014
North DakotaMedical onlyPartly2016
OhioAdult use legalYes2023
OklahomaMedical onlyNo2018
OregonAdult use legalYes2014
PennsylvaniaMedical onlyNo2016
Rhode IslandAdult use legalYes2022
South CarolinaLimited medicalNo2014
South DakotaMedical onlyNo2020
TennesseeLimited medicalNo2014
TexasMedical onlyNo2015
UtahMedical onlyNo2018
VermontAdult use legalYes2018
VirginiaAdult use legalYes2021
WashingtonAdult use legalYes2012
West VirginiaMedical onlyNo2017
WisconsinNo state programNo2017
WyomingNo state programNo2015

The jurisdictions in full

Alabama — Medical only

The 2021 Compassion Act program began operating in 2026. The Alabama Medical Cannabis Commission issued dispensary licences on 2026-01-08 and the first licensed dispensary began patient sales in Montgomery on 2026-06-03, with a second opening in Talladega on 2026-08-28. The statute excludes raw plant material, smoking, vaping and candy-style edibles; tablets, capsules, tinctures, gels, oils, suppositories and transdermal patches are permitted. In-state licensed supply exists but is thin. UNCERTAIN: a strict whole-plant reading of our definition could argue for limited_medical. Since 2021.

Decriminalised: no. First-offense personal possession remains a state misdemeanor carrying up to a year of incarceration plus a licence suspension. Some municipal ordinances reduce enforcement without changing state law.

Sources: https://amcc.alabama.gov/ — https://alabamareflector.com/2026/06/04/first-medical-cannabis-store-opens-in-state-after-years-of-delays/ — https://norml.org/laws/alabama-penalties/

Alaska — Adult use legal

Ballot Measure 2 of 2014, effective 2015-02-24, legalised non-medical possession and home cultivation for adults 21 and older. Licensed retail stores have operated since 2016 under the Alcohol and Marijuana Control Office. No 2025 or 2026 change to adult-use status was identified. Since 2014.

Decriminalised: yes. Possession within the adult-use limits is legal rather than merely decriminalised. Amounts above those limits remain subject to criminal penalties.

Sources: https://www.commerce.alaska.gov/web/amco/home.aspx — https://norml.org/laws/alaska-legalization/

Arizona — Adult use legal

Proposition 207, approved in November 2020, remains in force and unamended: non-medical possession of up to one ounce and home cultivation of up to six plants by adults 21 and older, with licensed retail regulated by the Department of Health Services alongside the 2010 medical program. A 2026 initiative to repeal core parts of Proposition 207 was abandoned by its chief proponent in May 2026 and is not on the November 2026 ballot. Since 2020.

Decriminalised: yes. Possession within the adult-use limit is legal. Above one ounce and up to two and a half ounces is a petty offense, and larger amounts remain criminal.

Sources: https://www.azdhs.gov/licensing/marijuana/index.php — https://norml.org/blog/2026/05/07/arizona-campaign-abandons-effort-to-place-marijuana-repeal-measure-on-novembers-ballot/

Arkansas — Medical only

Amendment 98, approved in 2016, supports a comprehensive medical-only program administered by the Department of Health and the Alcoholic Beverage Control Division, with roughly three dozen licensed dispensaries and about 115,000 active patient cards as of March 2026. Act 934 of 2025 extended hemp restrictions to a total-THC basis and enforcement against hemp-derived THC products became active in 2026, narrowing the unlicensed hemp channel without altering the licensed medical program. A December 2025 state Supreme Court decision held the legislature may amend voter-approved amendments by a two-thirds vote, exposing much of Amendment 98 to future legislative change. Since 2016.

Decriminalised: no. Possession of less than four ounces without a patient card is a Class A misdemeanor, not a civil violation.

Sources: https://healthy.arkansas.gov/wp-content/uploads/Amendment_98_Sections_1-8.pdf — https://arkansasadvocate.com/2026/01/27/court-ruling-casts-uncertainty-on-arkansas-medical-marijuana-program/ — https://norml.org/laws/arkansas-penalties/

California — Adult use legal

Proposition 64 of 2016 legalised non-medical possession and cultivation for adults 21 and older, with licensed retail statewide under the Department of Cannabis Control, though local jurisdictions may prohibit retail within their borders. The significant 2025-26 change was fiscal: AB 564 reversed a scheduled excise-tax increase, returning the rate to 15 percent from 2025-10-01 through 2028-06-30. Since 2016.

Decriminalised: yes. Possession within the adult-use limits is legal. Amounts above those limits are generally infractions or misdemeanors.

Sources: https://www.cannabis.ca.gov/ — https://calmatters.digitaldemocracy.org/bills/ca_202520260ab564

Colorado — Adult use legal

Amendment 64 of 2012 legalised non-medical possession, home cultivation and licensed retail sales for adults 21 and older, with stores operating since January 2014 under the Marijuana Enforcement Division. Recent movement is regulatory: permanent rule revisions took effect 2026-01-05 with a further set effective 2026-11-01, and SB 26-007 permits opted-in health facilities to accommodate non-smokable medical use by terminally ill registered patients. Since 2012.

Decriminalised: yes. Possession within the adult-use limits is legal. Larger amounts remain petty offenses or crimes depending on quantity.

Sources: https://med.colorado.gov/ — https://med.colorado.gov/rules

Connecticut — Adult use legal

The 2021 Responsible and Equitable Regulation of Adult-Use Cannabis Act legalised possession of up to 1.5 ounces in public by adults 21 and older, with licensed retail sales since January 2023 under the Department of Consumer Protection. The 2026 session produced the largest post-legalisation changes to date: effective 2026-10-01 the THC-content-based tax is replaced by a flat 10.75 percent excise tax, the potency cap on concentrates is removed, and the medical program is extended to qualifying out-of-state patients. Since 2021.

Decriminalised: yes. Possession within the adult-use limits is legal. Connecticut had already reduced small-amount possession to a civil infraction in 2011.

Sources: https://portal.ct.gov/cannabis/knowledge-base/articles/cannabis-laws

Delaware — Adult use legal

Delaware legalised non-medical possession for adults 21 and older in April 2023, and retail sales are operating: the Office of the Marijuana Commissioner opened adult-use sales on 2025-08-01, initially through existing medical compassion centres converted to dual-use licences, with more than ten retail locations active at launch. Since 2023.

Decriminalised: yes. Possession within the adult-use limit is legal. Delaware had decriminalised possession of up to one ounce as a civil violation in 2015.

Sources: https://news.delaware.gov/2025/07/01/delaware-to-launch-adult-use-marijuana-on-august-1/ — https://news.delaware.gov/2025/09/02/omc-reports-strong-first-month-of-recreational-cannabis-sales/

District of Columbia — Adult use legal

Under Initiative 71, effective 2015-02-26, District law permits possession of up to two ounces, home cultivation of up to six plants, and adult-to-adult transfer of up to one ounce without payment, for people 21 and over. There is NO LICENSED ADULT-USE RETAIL MARKET: a congressional appropriations rider bars the District from spending funds to enact or carry out any law regulating non-medical cannabis sales, and it was retained in the appropriations package signed 2026-02-04. A separate medical program regulated by the Alcoholic Beverage and Cannabis Administration does operate licensed dispensaries, and since 2023 adults 21 and over may register as patients by self-certification without a physician recommendation. Since 2015.

Decriminalised: yes. Possession within the Initiative 71 limits is legal rather than merely decriminalised. Amounts above those limits and public consumption remain subject to penalty; the District had separately made possession of up to an ounce a civil offense in 2014.

Sources: https://code.dccouncil.gov/us/dc/council/code/sections/7-1671.05 — https://abca.dc.gov/node/1582436 — https://www.mpp.org/states/district-of-columbia/

Florida — Medical only

Amendment 2 of 2016, implemented through the Office of Medical Marijuana Use, supports a comprehensive vertically integrated medical program in which qualified patients obtain smokable flower and high-THC products from licensed Medical Marijuana Treatment Centers. Non-medical possession remains unlawful. The Smart and Safe Florida adult-use amendment did NOT qualify for the 2026 ballot, falling roughly 96,000 valid signatures short at the 2026-02-01 deadline. No new state hemp statute was enacted in 2025 or 2026. Since 2016.

Decriminalised: no. Possession of 20 grams or less without a patient card is a first-degree misdemeanor. Some counties and cities have civil-citation ordinances that do not displace the state statute.

Sources: https://knowthefactsmmj.com/ — https://ballotpedia.org/Florida_Marijuana_Legalization_Initiative_(2026) — https://www.flsenate.gov/Session/Bill/2026/1409

Georgia — Medical only

Senate Bill 220, the Georgia Putting Patients First Act, signed 2026-05-12 and effective 2026-07-01, renamed the Low THC Oil Registry the Georgia Medical Cannabis Patient Registry, removed the prior 5 percent THC cap and set a possession ceiling of 12,000 mg of total THC for registered patients. Product forms now include ingestibles and vaporizer products, including raw flower for vaporization, for patients 21 and older; combustion remains prohibited. Before 2026-07-01 this was a low-THC-only program. Since 2015.

Decriminalised: no. Possession of one ounce or less remains a misdemeanor carrying possible jail time. Some municipalities have local ordinance reductions that do not change state law.

Sources: https://dph.georgia.gov/health-topics/medical-cannabis/patients-and-caregivers — https://www.gmcc.ga.gov/home — https://www.mpp.org/states/georgia/

Hawaii — Medical only

A medical program run by the Department of Health Office of Medical Cannabis Control and Regulation, with a patient registry and a licensed dispensary system; 34 licensed facilities were operational statewide as of December 2025. No adult-use measure passed in 2025 or 2026. Since 2000.

Decriminalised: yes. A 2019 act made possession of three grams or less a violation punishable by a fine rather than a criminal offense. Above three grams remains criminal, the narrowest such threshold in the country.

Sources: https://health.hawaii.gov/medicalcannabis/ — https://health.hawaii.gov/medicalcannabisdispensary/

Idaho — No state program

No medical or adult-use program. Marijuana remains a controlled substance with no patient registry and no licensed in-state supply. Two 2026 citizen initiatives failed to reach the ballot: the recreational initiative filed no signatures by the 2026-05-01 deadline, and the Idaho Medical Cannabis Act was announced by the Secretary of State on 2026-07-14 to have failed the legislative-district distribution requirement despite exceeding the raw signature count. HJR 4 is certified for the 2026-11-03 ballot and would grant the Legislature exclusive authority over these substances.

Decriminalised: no. Possession of three ounces or less is a misdemeanor carrying possible jail time. A 2026 decriminalisation initiative failed to qualify.

Sources: https://voteidaho.gov/initiatives-amendments/ — https://ballotpedia.org/Idaho_HJR_4,_Grant_Legislature_Exclusive_Authority_and_Prohibit_Citizen-Initiated_Measures_on_Marijuana,_Narcotics,_and_Psychoactive_Substances_Amendment_(2026)

Illinois — Adult use legal

The Cannabis Regulation and Tax Act has permitted non-medical possession and licensed retail sales for adults 21 and over since 2020-01-01, alongside a medical patient program. Public Act 104-0463, signed 2026-06-12, doubled resident possession limits, expanded craft-grower canopy, authorised drive-through and curbside sales, permitted medical certification by telehealth, restricted hemp-derived THC products and broadened automatic expungement eligibility. Since 2020.

Decriminalised: yes. A 2016 act made possession of small amounts a civil violation; larger amounts remain criminal. UNCERTAIN: the exact thresholds after the 2026 limit increase were not confirmed against the statute.

Sources: https://cannabis.illinois.gov/ — https://idfpr.illinois.gov/content/dam/soi/en/web/idfpr/forms/cannabis/sb-3222-fact-sheet.pdf

Indiana — No state program

No state medical or adult-use program. The only cannabis-related exemption is for hemp-derived cannabidiol containing no more than 0.3 percent THC, which does not exceed federal hemp law. In the 2026 session Senate Bill 250, which would have banned intoxicating hemp-derived THC products, passed the Senate 35-15 but died in the House, so no 2025 or 2026 enactment changed the state cannabis or hemp statutes.

Decriminalised: no. Possession of any amount remains a criminal misdemeanor, punishable by up to 180 days of incarceration and a fine of up to 1,000 dollars.

Sources: https://www.mpp.org/states/indiana/ — https://norml.org/laws/indiana-penalties-2/ — https://iga.in.gov/legislative/2026/bills/senate/250/details

Iowa — Limited medical

The Medical Cannabidiol Program registers patients certified for qualifying conditions and supplies them through licensed in-state manufacturers and dispensaries, but state law caps a registered patient at preparations containing 4.5 grams of THC per 90 days, prohibits raw flower and smoking, and requires pharmacist dosing oversight. That cap and the exclusion of whole-plant product place it in limited_medical despite legal in-state supply. HF 990, signed in 2026, doubled the licensed dispensary cap from five to ten and authorised out-of-state residents to register. Since 2017.

Decriminalised: no. Possession of any amount is a criminal misdemeanor for a first offense, punishable by up to six months of incarceration and a fine of up to 1,000 dollars.

Sources: https://hhs.iowa.gov/health-prevention/medical-cannabis — https://www.mpp.org/states/iowa/summary-iowas-medical-cannabidiol-program/ — https://norml.org/news/2026/06/11/iowa-governor-signs-bill-expanding-patients-access-to-low-thc-products

Kansas — Limited medical

No licensed medical cannabis program, and NO LAWFUL IN-STATE SOURCE. A 2019 law provides only an affirmative defence in court for possession of CBD-rich oil containing no more than 5 percent THC by a person with a diagnosed debilitating condition under a Kansas-licensed physician supervision. There is no state-licensed cultivation, dispensary, home cultivation or caregiver provision. Several bills died when the Legislature adjourned 2026-04-10. Since 2019.

Decriminalised: no. A first-offense possession of any quantity is a Class B criminal misdemeanor, punishable by up to six months of incarceration and a fine of up to 1,000 dollars.

Sources: https://www.mpp.org/states/kansas/ — https://norml.org/laws/kansas-medical-cbd-law/

Kentucky — Medical only

The medical cannabis program created by SB 47 of 2023 and effective 2025-01-01 is operating: the Office of Medical Cannabis licenses cultivators, processors and dispensaries, and licensed retail sales began with the first dispensary opening 2025-12-13. As of late August 2026, 24 of 48 licensed dispensaries were open with about 24,300 active patient cards. State law prohibits smoking raw cannabis, permits vaporisation, and prohibits home cultivation. Since 2025.

Decriminalised: no. Outside the medical program, possession of any amount remains a criminal misdemeanor, punishable by up to 45 days of incarceration and a fine of up to 250 dollars.

Sources: https://kymedcan.ky.gov/Pages/index.aspx — https://www.mpp.org/states/kentucky/ — https://www.lanereport.com/189093/2026/08/kentucky-medical-cannabis-24-dispensaries-2026/

Louisiana — Medical only

A comprehensive therapeutic marijuana program, with whole-plant smokable flower permitted since 2022-01-01 and dispensing restricted to a capped set of licensed therapeutic marijuana pharmacies. Any Louisiana-licensed physician in good standing may recommend. Regulatory authority moved to the Department of Health effective 2025-01-01. Separately, Act 752 of 2024, effective 2025-01-01, sharply restricted consumable hemp-derived THC outside the medical program. Since 2015.

Decriminalised: no. First-offense possession of 14 grams or less remains a criminal misdemeanor. A 2021 reform capped the penalty at a fine with no jail but did not make it a civil offense.

Sources: https://ldh.la.gov/page/medical-marijuana — https://www.mpp.org/states/louisiana/overview-of-louisianas-medical-cannabis-law/ — https://norml.org/laws/louisiana-penalties-2/

Maine — Adult use legal

State law permits possession of up to 2.5 ounces by adults 21 and older and home cultivation of up to three mature plants, subject to municipal opt-out. Licensed retail sales have operated since 2020-10-09 under the Office of Cannabis Policy, alongside a comprehensive medical program. A citizen initiative to repeal the commercial adult-use program was cleared for signature gathering in December 2025 but filed no signatures by the 2026-02-02 deadline, so it is NOT on the November 2026 ballot. Since 2016.

Decriminalised: yes. Possession within the statutory adult-use limits is not a criminal offense. Maine had also decriminalised small-amount possession before legalisation.

Sources: https://www.maine.gov/dafs/ocp/adult-use — https://www.cannabisbusinesstimes.com/us-states/maine/news/15816269/maine-campaign-to-kill-adultuse-cannabis-market-misses-2026-signature-deadline

Maryland — Adult use legal

After voter approval of Question 4 in 2022 and implementing legislation in 2023, state law permits adults 21 and older to possess up to 1.5 ounces of flower, 12 grams of concentrate, or products totalling no more than 750 mg THC, with home cultivation capped at two plants per household. Licensed adult-use dispensary sales began 2023-07-01. 2026 activity has been regulatory rather than status-changing. Since 2023.

Decriminalised: yes. Amounts above the personal-use limit but under a statutory threshold are a civil offense. Possession within the personal-use amount is not an offense.

Sources: https://cannabis.maryland.gov/pages/cannabisfaq.aspx — https://www.mpp.org/states/maryland/

Massachusetts — Adult use legal

Adult-use possession has been legal since the 2016 voter initiative, with licensed retail sales operating since 2018 under the Cannabis Control Commission. A repeal measure IS on the 2026-11-03 ballot as Question 8, which would end licensed adult-use retail sales and adult-use home cultivation if approved. Social consumption regulations took effect 2026-01-02, though applications were not open as of August 2026. Since 2016.

Decriminalised: yes. Massachusetts decriminalised possession of one ounce or less as a civil offense by the 2008 ballot initiative, before full legalisation.

Sources: https://www.sec.state.ma.us/divisions/elections/research-and-statistics/information-for-voters-2026.htm — https://masscannabiscontrol.com/2026/01/massachusetts-social-consumption-establishment-regulations-are-now-in-effect/

Michigan — Adult use legal

The Michigan Regulation and Taxation of Marihuana Act, adopted by voters in November 2018, permits possession by adults 21 and over of up to 2.5 ounces on the person and up to 10 ounces at a residence, and cultivation of up to 12 plants. Licensed retail sales have operated statewide since December 2019 under the Cannabis Regulatory Agency. Effective 2026-01-01 a new 24 percent excise tax applies to the first wholesale transfer to a retailer, on top of the existing 10 percent retail excise and 6 percent sales tax; industry litigation challenging that tax was pending and had not changed the law in operation. Since 2018.

Decriminalised: yes. Possession within the statutory limits is not an offense, and possession of not more than twice the limit is a civil infraction on a first offense.

Sources: https://www.michigan.gov/cra — https://www.michigan.gov/cra

Minnesota — Adult use legal

Minnesota Statutes Chapter 342, enacted 2023 with possession and home cultivation effective 2023-08-01, permits adults 21 and over to possess up to 2 ounces of flower in public, up to 2 pounds at a private residence, and to grow up to 8 plants. State-licensed retail did NOT begin at legalisation: tribal dispensaries opened first, and the Office of Cannabis Management licensing process delayed the state-licensed market until 2025-09-17. As of September 2026 the state-licensed market is operating statewide, with more than 230 active dispensaries reported across more than 120 cities. Since 2023.

Decriminalised: yes. Possession within the statutory limits is not an offense, and Minnesota had already reduced possession of 42.5 grams or less to a fine-only petty misdemeanor long before 2023.

Sources: https://mn.gov/ocm/ — https://www.revisor.mn.gov/statutes/cite/342

Mississippi — Medical only

The Mississippi Medical Cannabis Act, signed 2022-02-02, established a comprehensive program administered by the State Department of Health with dispensary licensing through the Department of Revenue. The program is fully operational, with licensed cultivators, processors, testing labs and roughly 175 active dispensaries serving about 68,000 registered patients as of early 2026. Registered patients with a listed debilitating condition may obtain whole-plant flower and high-THC products, subject to daily and weekly limits. Since 2022.

Decriminalised: partly. A first offense of possession of 30 grams or less is punishable by a fine with no jail term and no misdemeanor or felony classification, but subsequent offenses are criminal misdemeanors carrying jail time. UNCERTAIN: 2025 legislation that would have expressly relabelled the first offense a civil offense did not pass, so the classification remains contested rather than an unambiguous civil citation.

Sources: https://www.mmcp.ms.gov/ — https://msdh.ms.gov/page/30,0,425.html — https://norml.org/laws/mississippi-penalties-2/

Missouri — Adult use legal

Article XIV of the Missouri Constitution, approved by voters in November 2022 and effective 2022-12-08, permits adults 21 and over to possess up to 3 ounces of dried marijuana and, with a registration card, to cultivate up to 6 flowering plants. Licensed adult-use retail sales began 2023-02-03, regulated by the Division of Cannabis Regulation, alongside the continuing medical program. No cannabis measure is on the certified 2026-11-03 ballot. Since 2022.

Decriminalised: partly. Possession within the 3-ounce limit is not an offense. More than 3 but not more than 6 ounces by an adult 21 or over is an infraction punishable by a fine, while amounts above 6 ounces remain criminal.

Sources: https://revisor.mo.gov/main/OneSection.aspx?section=XIV++2&constit=y — https://health.mo.gov/business-professionals/cannabis-regulation — https://www.sos.mo.gov/petitions/2026ballotmeasures

Montana — Adult use legal

Initiative 190, approved November 2020, legalised possession by adults 21 and over effective 2021-01-01, and licensed retail sales began 2022-01-01 under the Cannabis Control Division of the Department of Revenue. Sales operate statewide subject to county opt-in. A separate medical program continues. The 2025 legislative change was fiscal rather than legal: HB 932, effective 2025-07-01, reallocated adult-use excise revenue and clarified that the tax is computed after discounts. No cannabis measure is on the 2026 ballot. Since 2021.

Decriminalised: yes. Possession within the statutory limits by adults 21 and over is legal rather than merely decriminalised. Amounts above the limits, possession by people under 21, public consumption and unlicensed sale remain subject to penalty.

Sources: https://revenuefiles.mt.gov/card/cannabis/ — https://montanafreepress.org/2025/05/16/governor-signs-bill-to-shift-marijuana-tax-revenues/ — https://www.mpp.org/states/montana/

Nebraska — Limited medical

Voters approved two medical cannabis initiatives in November 2024, the Legislature passed the implementing statute in April 2026, and the Medical Cannabis Commission adopted final regulations on 2026-07-01. AS OF 2026-09-18 NO LICENSED DISPENSARY IS SELLING: cultivation licensing began in June 2026, dispensary applications opened 2026-08-15, and sales cannot begin until the Commission completes inspections and issues certificates of operation. Because there is no lawful in-state supply yet, this is limited_medical rather than medical. Authorised product forms are reported to exclude raw flower and smokable or vapeable forms. The proposed 2026 adult-use constitutional amendment did NOT make the ballot: the Secretary of State certified three initiative measures for 2026-11-03 and none concerns cannabis. Since 2024.

Decriminalised: partly. A FIRST offense of possession of one ounce or less is an infraction carrying a fine with no jail term. Subsequent offenses of the same amount, and any possession above one ounce, remain criminal. The decriminalisation is unusually narrow.

Sources: https://mcc.nebraska.gov/ — https://nebraskaexaminer.com/2026/04/01/history-made-nebraska-legislature-passes-first-medical-cannabis-law-after-decade-delay/ — https://www.1011now.com/2026/09/11/secretary-state-certifies-ballot-2026-general-election/ — https://www.mpp.org/states/nebraska/nebraska-medical-cannabis-laws-faqs/

Nevada — Adult use legal

Adult-use possession by adults 21 and over has been legal since Question 2 took effect 2017-01-01, with licensed retail from 2017-07-01, regulated by the Cannabis Compliance Board. Licensed consumption lounges are authorised. Home cultivation is restricted to people residing more than 25 miles from a licensed retail store. 2025 changes were regulatory rather than status-level: definitional amendments effective July 2025 and signage requirements on unlicensed retailers selling intoxicating hemp products. Nevada Question 7 on the 2026 ballot concerns voter identification, not cannabis. Since 2017.

Decriminalised: yes. Possession within the statutory limits by adults 21 and over is legal rather than merely decriminalised. Amounts above the limits, possession by people under 21, public consumption outside a licensed lounge and unlicensed sale remain subject to penalty.

Sources: https://ccb.nv.gov/faq/ — https://ccb.nv.gov/wp-content/uploads/2025/07/Industry-Legislative-Guidance-1.pdf

New Hampshire — Medical only

A therapeutic cannabis program under RSA 126-X administered by the Department of Health and Human Services, with registry identification cards for qualifying patients and designated caregivers and state-licensed Alternative Treatment Centers dispensing cannabis. Adult-use cannabis remains unlawful. No adult-use legalisation was enacted in 2025 or 2026: the House passed HB 186 in 2026 but the Senate tabled it. The only cannabis enactment of the 2026 session was SB 468, permitting existing treatment centres to cultivate in on-site greenhouses, vetoed 2026-06-12 and overridden 2026-08-19. Since 2013.

Decriminalised: yes. Knowing possession of three quarters of an ounce or less of marijuana, or five grams or less of hashish, is a violation rather than a crime, carrying a 100 dollar fine for a first or second offense, and arrest solely for that violation is barred.

Sources: https://gc.nh.gov/rsa/html/xxx/318-b/318-b-2-c.htm — https://newhampshirebulletin.com/2026/08/19/lawmakers-override-ayotte-vetoes-on-toll-hikes-and-right-to-new-trial-among-others/

New Jersey — Adult use legal

A 2020 constitutional amendment was implemented by the 2021 CREAMMA statute, and licensed adult-use retail sales began 2022-04-21 under the Cannabis Regulatory Commission. New Jersey is one of the few legalisation states that permits NO home cultivation for personal use; unlicensed cultivation remains a criminal offense. A 2026 amendment reclassified as cannabis, and therefore as Commission-regulated, any hemp flower or product exceeding 0.3 percent total THC or 0.4 mg total THC per container from 2026-04-13, with hemp-derived beverages following from 2026-11-13. Adult-use status and possession limits are unchanged. Since 2021.

Decriminalised: yes. Possession within the statutory limits by adults 21 and over is legal rather than merely decriminalised, and a separate 2021 law provided for expungement of prior small-amount offenses. Amounts above the limits, home cultivation and unlicensed sale remain subject to penalty.

Sources: https://www.nj.gov/cannabis/ — https://www.njlm.org/969/Cannabis-Legalization

New Mexico — Adult use legal

The Cannabis Regulation Act, signed 2021-04-12, legalised possession by adults 21 and over, and licensed retail sales began 2022-04-01 under the Cannabis Control Division. Statutory limits are 2 ounces of flower, 16 grams of concentrate and 800 mg THC in edibles in public, with larger amounts permitted when stored in a private residence; home cultivation of six mature and six immature plants per adult is permitted. The Act also provided for automatic expungement. Recent regulatory activity has centred on enforcement against unlicensed operators and a track-and-trace transition, not on legal status. The 2026 constitutional amendment on the ballot concerns the governor pocket veto, not cannabis. Since 2021.

Decriminalised: yes. Possession within the statutory limits by adults 21 and over is legal rather than merely decriminalised; New Mexico had also decriminalised small-amount possession in 2019. Amounts above the limits, possession by people under 21, public consumption and unlicensed sale remain subject to penalty.

Sources: https://www.rld.nm.gov/cannabis/ — https://www.mpp.org/states/new-mexico/new-mexicos-hb-2-the-cannabis-regulation-act/

New York — Adult use legal

The Marijuana Regulation and Taxation Act, signed 2021-03-31, legalised possession by adults 21 and over immediately, with the Office of Cannabis Management regulating the market. Limits are 3 ounces of flower and 24 grams of concentrate on the person, with larger amounts permitted at home, and home cultivation of up to six plants per adult. The retail rollout was slow and litigation-plagued at first, the first licensed dispensary opening only in December 2022, but licensed dispensaries grew from 261 at the end of 2024 to 582 active as of February 2026, with licensed sales of 1.69 billion dollars in 2025. An unlicensed storefront market persists alongside the licensed one and remains an enforcement target. Since 2021.

Decriminalised: yes. Possession within the statutory limits by adults 21 and over is legal rather than merely decriminalised, following earlier decriminalisation steps in 1977 and 2019. Amounts above the limits, possession by people under 21 and unlicensed sale remain subject to penalty.

Sources: https://cannabis.ny.gov/adult-use — https://cannabis.ny.gov/system/files/documents/2026/02/february-2026-ccb-press-release.pdf — https://cannabis.ny.gov/system/files/documents/2025/12/ocm-annual-report_final-2025.pdf

North Carolina — Limited medical

State law exempts from prosecution the possession and use of hemp extract containing less than 0.9 percent THC and at least 5 percent CBD, solely for intractable epilepsy, by a patient on a state registry or that patient caregiver. NO LICENSED IN-STATE CULTIVATION, MANUFACTURE OR DISPENSING EXISTS, so the statute operates only as a possession exemption and there is no program to enrol in for supply. Separately, the Eastern Band of Cherokee Indians operates a dispensary on the Qualla Boundary under tribal law, which has no effect on North Carolina state law off tribal land. Since 2014.

Decriminalised: partly. Possession of half an ounce or less is a Class 3 misdemeanor, a criminal charge rather than a civil violation, but any sentence of imprisonment must be suspended and the fine is capped at 200 dollars.

Sources: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_90/GS_90-94.1.html — https://www.ncleg.gov/enactedlegislation/statutes/pdf/bysection/chapter_90/gs_90-95.pdf

North Dakota — Medical only

A comprehensive medical program under the 2016 Compassionate Care Act, administered by the Department of Health and Human Services; registered patients obtain whole-plant and high-THC product from licensed in-state compassion centres. Adult use remains prohibited, and ballot legalisation failed in 2018, 2022 and again in 2024. The 2025 changes were program expansions only, covering low-dose lozenges, two-year cards and telehealth certification. No cannabis measure is on the 2026-11-03 ballot. Since 2016.

Decriminalised: partly. Possession of less than half an ounce is an infraction carrying a fine and no jail, but a North Dakota infraction sits in the criminal code rather than being a purely civil violation, so this is narrower than in true civil-penalty states. Above half an ounce it is a misdemeanor with possible jail. A 2025 bill to make it plainly non-criminal passed the House and was rejected by the Senate.

Sources: https://www.mpp.org/states/north-dakota/ — https://www.hhs.nd.gov/mm — https://norml.org/laws/north-dakota-penalties-2/ — https://www.sos.nd.gov/elections/voter/ballot-measures/measures-ballot

Ohio — Adult use legal

Adult use has been legal since 2023-12-07 under Issue 2, with licensed retail sales since August 2024. THE LAW MOVED IN 2026: Senate Bill 56, signed 2025-12-19 and effective 2026-03-20, substantially rewrote the voter-approved statute. It consolidated medical and adult-use regulation under the Division of Cannabis Control, imposed potency caps on extracts, plant material and edibles, restricted home cultivation to the grower primary residence and barred gifting home-grown cannabis, prohibited public smoking and vaping, required most forms to be transported in a vehicle boot, barred importing cannabis from other states, deleted the Issue 2 social equity and jobs program, restricted advertising, and banned intoxicating hemp products outside licensed dispensaries. A veto referendum to overturn SB 56 DID NOT QUALIFY: the campaign fell short of the roughly 248,000 signatures required across at least 44 counties and announced on 2026-03-18 that it would not submit. SB 56 remains in force. Since 2023.

Decriminalised: yes. Possession within the statutory adult-use limits is legal rather than merely decriminalised. Ohio separately treats small amounts as a minor misdemeanor with a fine and no jail for people outside the adult-use framework. Amounts above the limits, public consumption and non-compliant transport remain criminal, and SB 56 added penalties in each of those areas.

Sources: https://com.ohio.gov/divisions-and-programs/cannabis-control — https://ballotpedia.org/Ohio_Regulate_Cannabis_Products_Referendum_(2026) — https://ohiocapitaljournal.com/2026/03/18/referendum-effort-for-new-weed-law-hemp-ban-passed-by-ohio-lawmakers-fails-to-get-enough-signatures/

Oklahoma — Medical only

A comprehensive medical program under State Question 788, approved June 2018 and administered by the Oklahoma Medical Marijuana Authority; licensed patients obtain whole-plant and high-THC product from licensed in-state dispensaries. Oklahoma is unusual in having no statutory list of qualifying conditions. Adult use remains prohibited: State Question 820 was rejected in March 2023. Regulatory tightening in 2025 and 2026 covers pre-packaging requirements, physician education, edible potency caps, and an extended moratorium on new grower, processor and dispensary licences. A 2026 adult-use question did not qualify, its backers having failed to submit the required signatures by the 2025-11-03 deadline. Since 2018.

Decriminalised: no. Possession by a person without a patient licence is a criminal misdemeanor, not a civil violation. State Question 788 created a narrow mitigation rather than decriminalisation: someone possessing a small amount who can state a medical condition but holds no licence still faces a misdemeanor with a capped fine.

Sources: https://oklahoma.gov/omma.html — https://oklahoma.gov/omma/rules-and-legislation/legislative-updates.html — https://norml.org/laws/oklahoma-penalties-2/ — https://ballotpedia.org/Oklahoma_State_Question_837,_Marijuana_Legalization_Initiative_(2026)

Oregon — Adult use legal

Adult use legal since Measure 91, approved November 2014 with possession effective 2015-07-01, and licensed retail operates statewide under the Oregon Liquor and Cannabis Commission; a separate medical program from 1998 continues. No change of status in 2025 or 2026, with legislative activity concerning licensing administration and unlicensed hemp-derived cannabinoids. An on-site consumption initiative received a certified ballot title but was withdrawn in November 2025, so no cannabis measure is before voters on 2026-11-03. Since 2014.

Decriminalised: yes. Possession within the statutory adult-use limits for people 21 and over is legal rather than merely decriminalised. Amounts above those limits are handled as violations or misdemeanors depending on quantity. Oregon broader drug decriminalisation under Measure 110 was largely repealed in 2024, which did not change the cannabis framework.

Sources: https://www.oregon.gov/olcc/marijuana/pages/default.aspx — https://www.oregon.gov/olcc/marijuana/pages/default.aspx — https://www.marijuanamoment.net/oregon-activists-withdraw-measure-to-legalize-marijuana-social-lounges-from-consideration-for-2026-ballot

Pennsylvania — Medical only

The Medical Marijuana Act, Act 16 of 2016, establishes a Department of Health program with patient and caregiver identification cards, certifying physicians, and licensed growers, processors and dispensaries. Adult-use cannabis remains unlawful. No adult-use enactment: HB 1200 passed the House 102-101 on 2025-05-07, was referred to a Senate committee on 2025-05-12, and the motion to report it was defeated 3-7 on 2025-05-13, with no further action recorded as of September 2026. Since 2016.

Decriminalised: no. There is no statewide decriminalisation. Possession of a small amount, defined as 30 grams of marijuana or 8 grams of hashish, is a misdemeanor carrying up to 30 days imprisonment or a 500 dollar fine. Local ordinances in Philadelphia, Pittsburgh and elsewhere govern only enforcement under those ordinances and do not alter the state offense.

Sources: https://www.palegis.us/legislation/bills/2025/hb1200 — https://codes.findlaw.com/pa/title-35-ps-health-and-safety/pa-st-sect-35-780-113/

Rhode Island — Adult use legal

Adult use legal under the Rhode Island Cannabis Act, signed 2022-05-25, with licensed retail sales since 2022-12-01 through hybrid medical and adult-use retailers; the medical program continues alongside. No change of legal status in 2025 or 2026. The 2026 developments were licensing-structure only: a federal court halted a new retail licensing round in April 2026 over an in-state residency ownership requirement, the General Assembly repealed that requirement in June 2026, and the Cannabis Control Commission reopened applications for 24 new retail licences in August 2026. Since 2022.

Decriminalised: yes. Possession within the statutory limits for adults 21 and over is legal rather than merely decriminalised. Rhode Island earlier 2013 decriminalisation of up to an ounce as a civil violation continues to apply to people outside the adult-use framework, such as those under 21.

Sources: https://dbr.ri.gov/office-cannabis-regulation — https://webserver.rilegislature.gov/Statutes/TITLE21/21-28.11/INDEX.htm — https://rhodeislandcurrent.com/2026/07/24/refunds-on-the-way-as-regulators-reset-ris-cannabis-retail-licensing-process/

South Carolina — Limited medical

Julian Law of 2014 defines and exempts cannabidiol preparations containing at least 98 percent CBD and not more than 0.9 percent THC for patients with specified refractory epilepsy conditions, in connection with FDA-approved clinical trials or a physician written certification. NO LICENSED IN-STATE PRODUCTION OR DISPENSING EXISTS under state law. The Compassionate Care Act was referred to a Senate committee on 2025-01-14 and received no further action through September 2026. Since 2014.

Decriminalised: no. Possession of one ounce or less is a misdemeanor carrying up to 30 days imprisonment or a fine on a first offense, so the conduct remains criminal and jail-eligible.

Sources: https://www.scstatehouse.gov/sess126_2025-2026/bills/53.htm — https://law.justia.com/codes/south-carolina/2023/title-44/chapter-53/section-44-53-1810/

South Dakota — Medical only

A comprehensive medical program under Initiated Measure 26, approved November 2020 and effective 2021-07-01, administered by the Department of Health; card-holding patients obtain whole-plant and high-THC product from licensed in-state dispensaries. Adult use is prohibited: a 2020 constitutional amendment passed but was struck down by the South Dakota Supreme Court in November 2021 on single-subject grounds, and adult-use measures were then rejected by voters in 2022 and again in 2024. UNCERTAIN on the 2026 ballot: no cannabis measure appears on the certified list and none was reported submitted by the signature deadline, but the Secretary of State live ballot-question pages returned errors on every attempt and the deadline itself is the subject of pending litigation, so the negative is well-supported rather than confirmed from a fully rendered official list. Since 2020.

Decriminalised: no. South Dakota has not decriminalised. Possession of two ounces or less is a Class 1 misdemeanor punishable by up to a year in jail and a fine; above two ounces it becomes a felony. South Dakota also uniquely criminalises ingestion, chargeable without any physical possession, and being in a place where marijuana is kept is a separate misdemeanor. Only registered patients are shielded.

Sources: https://doh.sd.gov/programs/medical-cannabis — https://norml.org/laws/south-dakota-penalties-2/ — https://ballotpedia.org/South_Dakota_2026_ballot_measures

Tennessee — Limited medical

State law excludes from the definition of marijuana a cannabis oil containing CBD with less than 0.9 percent THC where the possessor holds manufacturer labelling, a legal order or recommendation issued in ANOTHER state, and a physician diagnosis of one of eleven listed conditions. Tennessee authorises NO IN-STATE PRODUCTION OR DISPENSING; the exclusion is drafted around product lawfully obtained elsewhere. Public Chapter 526 of 2025, signed 2025-05-21, reclassified THCA above 0.3 percent as marijuana, banned THCP and synthetic cannabinoids, and moved regulation of hemp-derived cannabinoid products to the Alcoholic Beverage Commission from 2026-01-01. Since 2014.

Decriminalised: no. Simple possession remains a Class A misdemeanor punishable by up to 11 months and 29 days, with no civil-violation tier in state law.

Sources: https://codes.findlaw.com/tn/title-39-criminal-offenses/tn-code-sect-39-17-402/ — https://publications.tnsosfiles.com/acts/109/pub/pc1083.pdf

Texas — Medical only

Categorised medical rather than limited_medical on the evidence of HB 46, signed 2025-06-21 and effective 2025-09-01, which added chronic pain lasting more than 90 days, Crohn disease and inflammatory bowel disease, traumatic brain injury, terminal illness and hospice care as qualifying conditions, plus any debilitating condition for veterans; replaced the former 1 percent THC-by-weight cap with a limit of 10 mg THC per dose and 1 g total THC per package; and authorised patches, topicals, suppositories, inhalers and vaping devices. Smokable flower remains prohibited and the per-package ceiling is tighter than in most comprehensive states. Product is dispensed only by licensed in-state dispensing organisations. Separately, SB 3, which would have banned intoxicating hemp-derived THC outright, was vetoed 2025-06-22, and the hemp side of Texas law has been in court through 2026. On 2026-05-01 the Supreme Court of Texas decided No. 23-0887, Texas Department of State Health Services v. Sky Marketing Corp., in an opinion by Justice Evan A. Young. It held that the Texas Controlled Substances Act "has not divested the commissioner of discretion to include manufactured delta-8 THC as a controlled substance", and closed: "We affirm the judgment of the court of appeals as to standing and reverse as to the ultra vires and APA claims. We render judgment reversing the trial court's order that granted the temporary injunction." That 2021 Travis County injunction had ordered the health department to take the delta-8 wording back out of its published schedule. On 2026-05-15 the Court ordered that the injunction "is stayed, effective at 5:00 P.M. on May 28, 2026"; on 2026-06-05 it denied rehearing, and the health department's own notice records that the mandate issued that same day, dismissing the plaintiffs' claims. That notice is published as a scanned image, so it is reported here rather than quoted. The department then published a notice reinstating the 2021 definitions of "tetrahydrocannabinols" and "marihuana extract", signed by interim commissioner Imelda Garcia, in the Texas Register of 2026-07-10 at 51 TexReg 4597, effective 2026-07-31. Its own page states that only naturally occurring trace amounts of delta-8 THC in the plant are exempt, that products labelled to contain delta-8 may be detained and referred to law enforcement, and that a consumable hemp product may contain delta-9 THC at a concentration of not more than 0.3 percent on a dry weight basis. The department also records adopting emergency rules on 2025-10-02 that bar its licensees and registrants from selling consumable hemp products to anyone under 21 and require government-issued identification before a sale. A second fight is over how that 0.3 percent is measured, and it is still open. The department's consumable-hemp rules in 25 Texas Administrative Code chapter 300, effective 2026-03-31, test against a "total delta-9 THC" figure that counts THCA converted by heating, and set annual fees of $10,000 for manufacturers and $5,000 for retailers. On 2026-05-01 Judge Daniella DeSeta Lyttle of Travis County signed a temporary injunction against those provisions in Texas Hemp Business Council v. Texas Department of State Health Services, Cause No. D-1-GN-26-002511; the signed order we read is the copy published by the plaintiff trade body, because the court's own docket refuses automated reading. That injunction is not in force. The State took an interlocutory appeal, No. 15-26-00099-CV in the Fifteenth Court of Appeals, and the rules are being enforced meanwhile: the department lists both fees as restored, and the plaintiffs say the same. On 2026-09-17 the State filed a reply brief defending the conversion-based test; that filing was reported on 2026-09-18, and the brief itself is on the docket we cannot read. Argument is set for 2026-12-08 at 9:30 a.m. in Austin, after the election. The court’s own notice of that setting sits on the docket that refuses us, and the trade body links it there, so we still have not read it — but the date no longer rests on that body alone. The Marijuana Herald reported on 2026-10-08 that the Fifteenth Court issued the notice on 2026-10-05, and that the argument is to be heard by Chief Justice Scott Brister and Justices Scott Field and April Farris. The trade body’s own post of 2026-10-06 says its lead litigator at Butler Snow confirmed the date to it that day, and that each side has twenty minutes with the State going first. Both accounts report an amicus brief filed 2026-10-01 by the Texas Hemp Constitutional Alliance and TSVL LLC, trading as Green Nation, arguing that the Legislature required THCA-inclusive testing before harvest but used different language for finished consumable products; the trade body publishes that brief and this row has not read it. None of that changes what is in force. The trade body states that neither the amicus filing nor the scheduling of argument restores the injunction, and that the court has not said when it will decide. Two further matters are pending and neither has been decided. In a report published 2026-08-11, which dates the ruling to the preceding Sunday, 2026-08-09, the Texas Tribune wrote that Judge Jeffrey V. Brown of the United States District Court for the Southern District of Texas, Galveston Division, denied an emergency motion for a temporary restraining order, saying the two hemp retailers and the distributor who brought the suit had not sufficiently demonstrated irreparable harm, and that their request for a preliminary injunction, which allows fuller briefing and an evidentiary hearing, remains pending. That federal docket is on PACER and we have no access to it, so the order itself is not something this row has read. On 2026-10-09 the Texas Hemp Business Council published an account of that case, which it says rests on an update prepared on 2026-10-01 by the plaintiffs’ own lawyers. By that account the case is Monti v. Garcia; the plaintiffs have filed a first amended complaint and moved for summary judgment, dropping the interstate-commerce argument and pressing federal preemption and unconstitutional vagueness; Botany Scientifics has joined as a plaintiff and Lifted Liquids is no longer one; the defendants’ response to the amended complaint was due 2026-10-09 and their response to the summary-judgment motion was due 2026-10-20, in each case subject to any extension the court grants, and a first case-management conference is set for 2026-11-04, the day after the election. That is one side’s lawyers describing their own docket, relayed by a trade body, and this row states it as that and as nothing more. The same account puts the denial of the emergency motion on 2026-08-09, which agrees with the newspaper report above. Nothing in it says the preliminary-injunction request has been decided, and a summary-judgment filing is not a withdrawal of one, so this row still reports that request as pending. And in a second Travis County suit, Cause No. D-1-GN-26-007113, a restraining order was refused and a hearing on a temporary injunction is set for 2026-10-30 at 9 a.m. before Judge Maria Cantu Hexsel — the last day of early voting, which opened 2026-10-19. That setting was reported on 2026-09-06. The report does not say what day the restraining order was refused, and this row does not date it, because the only record that would settle it is a docket closed to us. The same report names the court as the 459th Judicial District Court of Travis County and the plaintiffs as SS Distro USA LLC, Topps Distro LLC trading as KingPin Kush, Jason Moreno trading as My City Hemp, and Trevor Kocaoglan, with the health department, interim commissioner Imelda Garcia and division director Glenn Hargett as defendants. This row was re-read on 2026-10-20, the second day of early voting, and no source that permits us to read it reports that the 2026-10-30 setting has moved, that the suit has settled, or that anything has been decided in it. The same re-read found nothing new reported in the appeal set for argument on 2026-12-08. In Monti v. Garcia nothing has been reported since the plaintiffs’ lawyers’ account of 2026-10-01: no source we may read says whether the defendants filed the response due 2026-10-20 or were given more time, and none reports a ruling on the preliminary-injunction request. Nor does any new consumable-hemp rule from the health department, emergency or otherwise, appear in the October 9 or October 16 issues of the Texas Register, the October 16 issue being the latest published on 2026-10-20, and the department’s own consumable-hemp and controlled-substance pages carry no notice newer than those described above. The docket that would show any of those refuses automated reading, so what is written here is what is scheduled, not what will happen. Since 2015.

Decriminalised: no. Possession of two ounces or less remains a Class B misdemeanor, a criminal charge. Some cities adopted cite-and-release or deprioritisation policies, which do not change state law; after suits by the Attorney General, an appeals court held two of them unenforceable, and others were repealed, never adopted or blocked by agreement. The city-by-city table below has each one.

Sources: https://www.dps.texas.gov/section/compassionate-use-program — https://www.mpp.org/states/texas/hb46-expands-compassionate-use-program/ — https://norml.org/laws/texas-penalties-2/ — https://www.txcourts.gov/media/1462654/230887.pdf — https://www.txcourts.gov/supreme/orders-opinions/2026/may/may-1-2026/ — https://www.txcourts.gov/supreme/orders-opinions/2026/may/may-15-2026/ — https://www.txcourts.gov/supreme/orders-opinions/2026/june/june-5-2026/ — https://www.dshs.texas.gov/sites/default/files/drugs/PDF/controlled%20substances/51-tr-4597-7-10-26.pdf — https://www.dshs.texas.gov/drug-manufacturers-distributors/schedules-controlled-substances-drug-manufacturers-distributors — https://www.dshs.texas.gov/consumable-hemp-program — https://texashempbusinesscouncil.com/wp-content/uploads/2026/05/789244.pdf — https://texashempbusinesscouncil.com/thbc-lawsuit-update-december-8-oral-argument-set-amicus-brief-supports-industrys-challenge/ — https://www.insurancejournal.com/news/southcentral/2026/08/11/881085.htm — https://themarijuanaherald.com/2026/09/texas-thca-court/ — https://themarijuanaherald.com/2026/09/texas-judge-denies-temporary-restraining-order-in-hemp-industry-lawsuit-injunction-hearing-set-for-october-30/ — https://themarijuanaherald.com/2026/10/texas-hemp-lawsuit-heads-to-december-8-appeals-court-hearing-as-new-legal-brief-challenges-states-thc-rules/ — https://texashempbusinesscouncil.com/federal-hemp-lawsuit-moves-forward-with-amended-complaint-and-request-for-summary-judgment/

Utah — Medical only

A comprehensive program under the Utah Medical Cannabis Act of 2018, which replaced voter-approved Proposition 2. Qualifying patients obtain whole-plant and high-THC product, including flower for vaporisation, from licensed in-state medical cannabis pharmacies; smoking is prohibited. Roughly 15 qualifying conditions. The 2026 changes are administrative: program responsibilities transfer from the Department of Health and Human Services to the Department of Agriculture and Food no later than 2027-01-01, and a voucher program provides monthly support to cardholders enrolled in Medicaid or Medicare. Since 2018.

Decriminalised: no. Non-medical possession remains a Class B misdemeanor carrying up to six months in jail. A 2026 bill that would have made possession of up to 14 grams a civil infraction on a first offense did not advance.

Sources: https://medicalcannabis.utah.gov/resources/utah-medical-cannabis-law/2026-utah-medical-cannabis-law-updates/ — https://www.mpp.org/states/utah/ — https://norml.org/laws/utah-penalties-2/

Vermont — Adult use legal

Non-medical possession by adults 21 and over has been legal since 2018-07-01, and regulated retail sales began 2022-10-01 and are operating, alongside a medical registry. S. 278, signed June 2026 with most provisions effective 2026-07-01, doubled the limits: adults may possess up to two ounces of botanical cannabis and up to 10 grams of hashish, and purchase up to two ounces from a licensed retailer. The law also authorises a limited number of cannabis events per year, restricts landlords to prohibiting only smoked cannabis by tenants, and creates a framework for future interstate agreements contingent on specified federal conditions. Home cultivation of up to two mature and four immature plants remains permitted. Since 2018.

Decriminalised: yes. Possession within the statutory limits is legal rather than merely decriminalised. Vermont decriminalised up to an ounce in 2013; amounts above the current limits carry escalating civil then criminal penalties.

Sources: https://norml.org/blog/2026/06/22/vermont-governor-signs-bill-into-law-raising-adult-use-marijuana-possession-limits/ — https://www.mpp.org/states/vermont/

Virginia — Adult use legal

Adult possession and home cultivation of up to four plants per household have been legal since 2021-07-01. There is still NO OPERATING ADULT-USE RETAIL MARKET; the only licensed sales are through the medical program regulated by the Cannabis Control Authority. Retail legislation was vetoed in 2024, 2025 and again in May 2026. A compromise announced 2026-06-16 instead establishes the market through two-year budget language: licence applications from 2027-02-01, retail sales from 2027-07-01, up to 350 retail licences phased in, the possession limit rising from one ounce to two, and the hemp THC ratio loophole closed. Retail is therefore scheduled, not operating. UNCERTAIN: the dates come from the June 2026 announcement and were not confirmed against the final enrolled budget text. Since 2021.

Decriminalised: yes. Possession within the statutory adult limit is legal rather than merely decriminalised. Virginia had decriminalised up to an ounce as a civil penalty in 2020 before legalisation; possession above the adult limit carries civil or criminal penalties depending on quantity.

Sources: https://www.governor.virginia.gov/newsroom/news-releases/2026/june-releases/name-1119669-en.html — https://law.lis.virginia.gov/vacode/title4.1/chapter11/section4.1-1100/ — https://virginiamercury.com/2026/05/19/spanberger-vetoes-cannabis-bill-stalling-legal-sales-again/

Washington — Adult use legal

Adult use has been legal since Initiative 502 took effect 2012-12-06, with licensed retail sales regulated by the Liquor and Cannabis Board operating since July 2014. Adults 21 and over may possess up to an ounce of usable cannabis plus separate limits on infused product and concentrate. Home cultivation remains prohibited except for qualifying medical patients. The Reduce Cannabis Excise Tax Initiative, which would have cut the 37 percent excise tax to 7 percent, did NOT qualify for the 2026 ballot: sponsors failed to submit the required valid signatures by the 2026-01-02 deadline, so the 37 percent rate stands. Since 2012.

Decriminalised: yes. Possession within the statutory adult limits is legal rather than merely decriminalised. Possession above those limits remains a criminal offense.

Sources: https://lcb.wa.gov/ — https://app.leg.wa.gov/rcw/default.aspx?cite=69.50.4013 — https://ballotpedia.org/Washington_Reduce_Cannabis_Excise_Tax_Initiative_(2026)

West Virginia — Medical only

The West Virginia Medical Cannabis Act of 2017 created a comprehensive program administered by the Office of Medical Cannabis, with dispensary sales beginning in late 2021. Qualifying patients obtain high-THC product, including dry leaf for vaporisation, pills, oils, tinctures and topicals, from licensed in-state growers, processors and dispensaries. The program is restrictive: edibles and home cultivation are prohibited, and smoking is barred. In the 2026 session the House passed a bill permitting edibles and considered one permitting home cultivation, but both died in the Senate before adjournment on 2026-03-14. Since 2017.

Decriminalised: no. Possession of any amount without a patient card remains a criminal misdemeanor carrying 90 days to six months of confinement. A first offender may be eligible for conditional discharge without adjudication of guilt, but the charge is criminal, not civil.

Sources: https://omc.wv.gov/ — https://www.mpp.org/states/west-virginia/ — https://norml.org/laws/west-virginia-penalties-2/

Wisconsin — No state program

The only cannabis-specific medical provision exempts possession of a CBD product in a form WITHOUT A PSYCHOACTIVE EFFECT by a person holding a physician certification issued within the previous year. Because it is limited to non-psychoactive CBD it reaches no product beyond what federal hemp law already covers, and it creates no registry, no qualifying-condition list and no licensed dispensing. No medical or adult-use bill was enacted in the 2025-2026 session. Since 2017.

Decriminalised: no. A first possession offense is a misdemeanor punishable by up to 1,000 dollars and six months imprisonment, and a second or subsequent offense is a Class I felony. Municipal ordinances in some cities reduce local penalties without altering state law.

Sources: https://docs.legis.wisconsin.gov/2017/related/acts/4 — https://docs.legis.wisconsin.gov/statutes/statutes/961/III/32/2m/b — https://docs.legis.wisconsin.gov/statutes/statutes/961/IV/41/3g/e

Wyoming — No state program

The Supervised Medical Use of Hemp Extracts Act of 2015 provides Department of Health registration cards for patients with intractable epilepsy certified by a neurologist, covering extract with less than 0.3 percent THC and at least 5 percent CBD. Because 0.3 percent IS the federal hemp threshold, the Act creates no carve-out beyond federally lawful hemp and authorises no in-state production or dispensing. The Secretary of State lists exactly one initiative certified for the 2026 ballot, on property tax; nothing cannabis-related will appear. Since 2015.

Decriminalised: no. Possession of marijuana in plant form of three ounces or less is a misdemeanor punishable by up to 12 months imprisonment and a fine, and being under the influence is separately punishable, so no civil-violation tier exists.

Sources: https://law.justia.com/codes/wyoming/2016/title-35/chapter-7/article-19/section-35-7-1901 — https://sos.wyo.gov/elections/initiativereferenduminfo.aspx

Texas, city by city

A state-level answer can mislead: Texas cities have voted on marijuana enforcement since 2022 and the outcomes differ city by city. That table, with the status and sources for each ordinance, is on the front page under "Where cannabis stands".

Elsewhere on this site

This page describes the law and the record. Nothing here tells anyone how to vote. Every claim above carries the document it came from; if one is wrong, the correction is published.