United States
North America
#16 of 196 worldwide
#8 of 23 in North America
Adult-use cannabis is still federally illegal, yet about half the states run licensed markets and 40 allow medical use; in April 2026 state-licensed medical cannabis was moved to Schedule III. Scores are a national estimate — reality ranges from retail shops to prison depending on the state.
History
- The US president pardons federal possession convictions
- The United States legalises hemp
- Four more US states legalise, including California24 to 34+10
- The US Justice Department stands back from legal states
- Colorado and Washington become the first US states to legalise16 to 24+8
- California legalises medical cannabis14 to 16+2
- The United States brings back mandatory minimums16 to 14−2
- Oregon becomes the first US state to decriminalise11 to 16+5
- The United States passes the Controlled Substances Act7 to 11+4
- The US Supreme Court strikes down the Marihuana Tax Act
- The United States raises penalties again9 to 7−2
- The United States introduces mandatory minimum sentences11 to 9−2
- New York's La Guardia report contradicts the official line
- Cannabis is dropped from the US Pharmacopeia
- The United States passes the Marihuana Tax Act22 to 11−11
- American states begin banning cannabis98 to 22−76
Score breakdown ▏world average
Select a segment to show or hide the exact rules and sources.
Possession · 25%4/10adds 10.0 of 25 points
It depends entirely on the state. In roughly half the states adults 21+ may carry a capped amount, typically 1 to 2.5 oz (28–70 g). In prohibition states the same amount can mean arrest and jail. Under federal law, non-medical possession is still a Schedule I offence everywhere.
Personal cultivation · 25%3/10adds 7.5 of 25 points
Most legal states allow home growing, usually six plants per adult with a household cap, but several — including Washington, New Jersey and Illinois for non-patients — ban it. In prohibition states growing a single plant can be a felony.
Punishment & enforcement · 20%2/10adds 4.0 of 20 points
Hundreds of thousands of cannabis arrests still happen every year, concentrated in prohibition states where possession can bring jail and sale or cultivation long felony sentences. Federal trafficking penalties include mandatory minimums.
Sharing & gifting · 10%4/10adds 4.0 of 10 points
Legal states generally allow adults to give up to the possession limit (commonly one ounce) to another adult 21+ with no payment. Elsewhere any transfer counts as distribution.
Consumption · 10%3/10adds 3.0 of 10 points
Even in legal states use is almost always confined to private property; public consumption is a ticketable offence, landlords and hotels can ban it, and it is prohibited on all federal land. Only a few states license consumption lounges.
Legal access · 10%5/10adds 5.0 of 10 points
Legal states have licensed dispensaries, many with delivery, open to any adult 21+ including visitors, with per-transaction limits. Licence caps and local opt-outs leave large areas without shops, and nothing can cross state lines. About half the population has no legal adult-use store.
History
- The US president pardons federal possession convictions
- The United States legalises hemp
- Four more US states legalise, including California24 to 34+10
- The US Justice Department stands back from legal states
- Colorado and Washington become the first US states to legalise16 to 24+8
- California legalises medical cannabis14 to 16+2
- The United States brings back mandatory minimums16 to 14−2
- Oregon becomes the first US state to decriminalise11 to 16+5
- The United States passes the Controlled Substances Act7 to 11+4
- The US Supreme Court strikes down the Marihuana Tax Act
- The United States raises penalties again9 to 7−2
- The United States introduces mandatory minimum sentences11 to 9−2
- New York's La Guardia report contradicts the official line
- Cannabis is dropped from the US Pharmacopeia
- The United States passes the Marihuana Tax Act22 to 11−11
- American states begin banning cannabis98 to 22−76
By state 51 scored
Federal law still prohibits non-medical cannabis everywhere in the United States; these scores describe state law. Counties and cities can add their own rules, and state law does not apply on federal land.
- 1Michigan55
- 2New York54
- 3New Mexico52
- 4Rhode Island52
- 5Connecticut51
- 6Massachusetts51
- 7Minnesota51
- 8Oregon51
- 9Alaska50
- 10California50
- 11Colorado50
- 12Arizona49
- 13Maine49
- 14Missouri49
- 15Ohio49
- 16Vermont49
- 17District of Columbia47
- 18Maryland46
- 19Montana46
- 20Virginia46
- 21Nevada45
- 22New Jersey44
- 23Delaware41
- 24Illinois41
- 25Washington40
- 26Louisiana24
- 27Mississippi24
- 28New Hampshire24
- 29Nebraska22
- 30Hawaii19
- 31North Dakota18
- 32North Carolina16
- 33Arkansas14
- 34Florida14
- 35Oklahoma14
- 36Pennsylvania14
- 37Utah14
- 38West Virginia14
- 39Kentucky13
- 40South Dakota13
- 41Georgia12
- 42Iowa9
- 43Texas9
- 44Indiana8
- 45South Carolina8
- 46Wisconsin8
- 47Wyoming7
- 48Alabama6
- 49Idaho6
- 50Kansas6
- 51Tennessee6
More context not part of the score
States issue commercial licences, some uncapped (Oklahoma, Oregon), many tightly capped and very expensive. On 22 April 2026 the DEA moved FDA-approved and state-licensed medical cannabis to federal Schedule III. Adult-use cannabis remains Schedule I, with punitive federal tax treatment and limited banking; a hearing on moving all cannabis to Schedule III ran from 29 June to 15 July 2026 and a decision is pending.
The widest product range in the world in legal states: flower, edibles (typically capped at 100 mg THC per package), vapes, concentrates and beverages. Hemp-derived products are sold in most states, though federal and state rules on intoxicating hemp have been tightening: a federal ban on most hemp-derived THC products, due on 12 November 2026, was pushed back to 11 December 2026 by a funding bill signed on 2 September.
40 states have medical programmes. Most require a doctor's certification for a listed condition, a state patient card and an annual fee. Federal rescheduling of state-licensed medical cannabis in 2026 acknowledged medical use, but it is still not prescribed or insured like ordinary medicine.
The heaviest collateral consequences of any country with legal markets: cannabis users are barred from buying firearms under federal law, non-citizens can be deported or refused entry, federally assisted housing can evict, and most employers may still test and fire. Expungement exists in some states only.
All sources
- Foley Hoag — A temporary reprieve for hemp-THC products (September 2026)
- National Conference of State Legislatures — State cannabis laws
- NORML — State-by-state laws
- Holland & Hart — Cannabis newsletter, April 2026 (federal rescheduling order)
- Marijuana Moment — Which states could legalize in 2026
- Morgan Lewis — Post-DEA hearing, broader marijuana rescheduling questions remain (September 2026)
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