During his 2024 State of the Union address, President Joe Biden affirmed his position that the U.S. needs to change the way it polices cannabis, stating “‘No one should be jailed for using or possessing marijuana.” The majority of Americans agree with him, and in the wake of the November 2023 election, when voters in the conservative state of Ohio overwhelmingly voted to legalize the recreational use of cannabis, nearly half of U.S. states have now legalized the recreational use of cannabis.
Ohio was the third state, following Delaware and Minnesota, to pass legalization measures in 2023, bringing the number of states where recreational use is permitted to 24; cannabis (as opposed to THC-free CBD) is still (more or less) wholly illegal in 12 states, while the remainder allow for legal medical use, with varying restrictions.
Even as Americans grow more divided politically, cannabis continues to gain ground with every election cycle—and even in-between. Though the majority of states that have legalized are typically considered “blue”—suggesting one political party remains way more chill than the other—even Mitch McConnell’s own Kentucky has legalized cannabis for medical use, though the measure doesn’t take effect until 2025.
While Biden has stopped short of pushing federal legalization, the government has made gestures at removing the drug’s Schedule I certification under the Controlled Substances Act, and reclassifying it as Schedule III. For now, weed remains illegal at the federal level, and in the same category as heroin and other drugs considered to have “no medical use” and a high potential for abuse and dependence.
Here’s a rundown of where weed is legal for recreational and medical use (and where it isn’t).
States that legalized weed in 2023
In addition to Ohio, which legalized recreational cannabis via a ballot measure, Delaware and Minnesota changed their laws via legislation earlier this year.
Ohio: During the November election, 57% of Ohio voters approved the legalization of recreational cannabis (a similar vote having failed back in 2015). The law allows adults over 21 to possess 2.5 grams of cannabis and grow up to six plants for personal use. As Politico notes, the will of the voters could theoretically be overturned by the legislature or the courts(which happened after South Dakota voters approved legal weed in 2021, only for the measure to later be declared unconstitutional).
Delaware: In April 2023, Delaware Gov. John Carney allowed two bills legalizing recreational marijuana to pass into law without signing them. The laws had previously passed both houses of the legislature by overwhelming supermajority votes. Possession of a “personal use quantity” of cannabis was immediately legalized, with recreational sales expected to begin in September 2024.
Minnesota: On May 30, 2023, Minnesota Gov. Tim Walz signed a legalization bill that had previously been approved by the legislature with bi-partisan support. While efforts to establish a regulated local market are still ongoing, possession of up to 2 ounces of cannabis became legal in August.
States that have legalized recreational marijuana
In 24 states, including 2023’s new additions, weed is treated like alcohol—it’s legal for adults (21 and over) to purchase and is regulated and taxed by the government. The specifics of what you can purchase and possess (and where) vary a bit by state. These states also have medical marijuana.
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
Washington
Recreational weed is also legal in Guam and the Northern Mariana Islands.
Areas that have legal weed but no sales
In the District of Columbia, it’s legal to possess and grow limited amounts of weed, but there are no commercial sales outside of medical marijuana from a limited number of licensed dispensaries.
States that have medical cannabis laws
A number of states have legalized medical marijuana but do not allow broader recreational use.
Alabama
Arkansas
Delaware*
Florida
Hawaii*
Kentucky
Louisiana
Minnesota*
New Hampshire*
New Mexico*
North Dakota*
South Dakota
Ohio*
Oklahoma
Pennsylvania
Puerto Rico
South Dakota
Utah
Virginia*
West Virginia
*According to the Marijuana Policy Project, these states have also decriminalized marijuana, reducing or removing jail time for possession of limited amounts of weed.
States that have decriminalized weed
Nebraska and North Carolina have laws that decriminalize marijuana to a degree, meaning penalties for first-time possession of small amounts of weed are reduced. Both have a suspended sentence for a first offense—Nebraska imposes a fine and a possible drug education course. Medical marijuana legislation has failed in both states.
States that have (almost) nothing
The remaining states do not permit broad medical or recreational marijuana—nor is weed decriminalized—though all except for Idaho allow access to low-THC products containing CBD for medical use (which, while technically “legal medical cannabis,” isn’t quite the same thing as a robust legal medical market).
Georgia
Idaho
Indiana
Iowa
Kansas
Nebraska
North Carolina
South Carolina
Tennessee
Texas
Wisconsin
Wyoming
Originally published in 2020, this article has been updated periodically to reflect changing laws around the country. It was most recently updated in March 2024.
