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.” This past week, he reiterated those beliefs in a video released to social media, while announcing that the federal government had reclassified cannabis from a Schedule I drug to Schedule III.
What does that mean, exactly? Reclassifying cannabis as a Schedule III drug is a major change in federal policy, but it is not the same as federal legalization. Instead, it means cannabis is no longer classed with more serious Schedule I (drugs considered to have “no medical use” and a high potential for abuse; examples include heroin and ecstasy). Schedule III drugs are considered to have a mild to low risk of physical or psychological dependance.
While the reclassification won’t federally legalize the drug, nor change its legal status at the local level in states that have legalized medical or recreational use, it could make it easier for scientists to research its benefits for medical use, as well as allow business to claim more credits and deductions on their federal taxes.
Federal policy is following public sentiment
Biden’s recent announcement mirrors changing public opinion on the drug, and follows a surge in state-level legalization efforts. 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.
Here’s a rundown of where weed is legal for recreational and medical use (and where it isn’t) as of May 2024.
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.
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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).
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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.
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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.
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Alaska
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Arizona
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California
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Colorado
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Connecticut
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Delaware
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Illinois
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Maine
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Maryland
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Massachusetts
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Michigan
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Minnesota
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Missouri
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Montana
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Nevada
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New Jersey
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New Mexico
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New York
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Ohio
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Oregon
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Rhode Island
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Vermont
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Virginia
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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.
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Alabama
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Arkansas
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Delaware*
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Florida
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Hawaii*
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Kentucky
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Louisiana
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Minnesota*
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New Hampshire*
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New Mexico*
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North Dakota*
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South Dakota
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Ohio*
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Oklahoma
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Pennsylvania
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Puerto Rico
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South Dakota
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Utah
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Virginia*
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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).
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Georgia
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Idaho
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Indiana
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Iowa
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Kansas
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Nebraska
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North Carolina
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South Carolina
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Tennessee
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Texas
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Wisconsin
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Wyoming
The legal status of hemp-derived cannabis
All of the above references cannabis containing delta 9 THC, the intoxicating substance in the cannabis plant. However, new extraction techniques have allowed manufacturers to create synthetic forms of cannabis derived from hemp plants, including delta 8 THC and, more recently, THCa.
These substances are federally “legal” due to a loophole in the 2018 Farm Bill that allowed for the cultivation of hemp. While some states have tried to rein in these products with local legislation, they continue to proliferate, providing a (more or less) legal alternative to tried-and-true cannabis—though the lack of regulations governing their manufacture has raised questions about their safety.
Originally published in 2020, this article has been updated periodically to reflect changing laws around the country. It was most recently updated in May 2024.
