Cannabis in the United States

Cannabis law in the United States works on two levels that often contradict each other. Under federal law, marijuana is still a controlled substance, while most states run their own legal markets. As of 2026, adults 21 and older can buy cannabis legally in 24 states and Washington, D.C., and about 40 states run comprehensive medical programs (trackers count 40 or 41, depending on the source and date). Each state licenses and polices its own stores, growers and manufacturers, so rules on limits, taxes, delivery and consumption differ from one state line to the next.

Federal policy shifted in 2026 but has not been fully resolved. After a December 2025 executive order directed the Justice Department to speed up rescheduling, a final order that took effect on April 28, 2026 moved two categories to Schedule III: marijuana in FDA-approved drugs and marijuana handled under a state medical marijuana license. Recreational (adult-use) cannabis stays in Schedule I. A DEA hearing on moving all marijuana to Schedule III ran from June 29 to July 15, 2026, final briefs were filed in August, and as of late September 2026 the judge's recommendation and a final DEA decision were still pending.

A second federal change targets intoxicating hemp products sold outside state cannabis systems. A spending package signed on November 12, 2025 rewrites the definition of hemp. A follow-up law (H.R. 6500, signed September 2, 2026) split the start dates: fully synthetic cannabinoids lose hemp status on November 12, 2026, and most naturally derived hemp-THC products on December 11, 2026. Hemp will be measured by total THC (including THCA), and finished hemp products will be limited to 0.4 mg of total THC per container, which effectively ends most hemp-derived delta-8 and delta-9 gummies, vapes and THCA flower sold in gas stations and online.

For shoppers, the safest route is a state-licensed dispensary or delivery service. In Colorado and California, adults 21+ can buy with a valid government photo ID, including out-of-state IDs. Colorado's Marijuana Enforcement Division and California's Department of Cannabis Control publish searchable license data. Licensed products are lab-tested and labeled, and prices include state excise and local taxes. Many stores accept only cash or debit, citing federal banking rules, so on-site ATMs are common.

Some rules apply everywhere. Taking cannabis across state lines is illegal even between two legal states, possession on federal land such as national parks and national forests is prohibited, and public consumption is banned in both Colorado and California apart from a small number of licensed lounges. Employers may still test for THC.