On Election Day 2012, Colorado voters approved a ballot initiative legalizing the recreational use and sale of cannabis, making the state the first in America to do so Dispensary Near Me.
Twenty-three other states would go on to legalize the drug in the next decade-plus, according to public records, as support for such efforts rose rapidly and became mainstream – especially among Democratic politicians. Some Republicans also back the idea.
While it is still illegal federally, former President Joe Biden in October 2022 called for a review into how marijuana is classified under federal law. And more than a year later, the Drug Enforcement Administration was poised to reclassify marijuana – currently a Schedule I drug – as less dangerous but would not outright legalize its recreational use, according to late April 2024 reporting by The Associated Press.
Since then, the plan has received pushback from the DEA and has had little attention during President Donald Trump’s second term. Terry Cole, Trump’s pick to lead the DEA, said in his confirmation hearing that he intends to reassess the progress of the rescheduling process. Any new rule would still require a review by the White House Office of Management and Budget and a public comment period before being published.
Medical marijuana is a different story. As of June 2025, 48 states plus Washington, D.C., and three U.S. territories have approved the use of cannabis for medical purposes, with Nebraska being the most recent, according to federal and state reports.
Some states have comprehensive medical marijuanna programs, which allow the use of the high-inducing component THC. Others, however, only allow low-THC products and those containing CBD – which does not cause a high.
The District of Columbia, Guam and the Northern Mariana Islands have also legalized recreational marijuana use, but the District still doesn’t have a regulated market, and Guam’s own retail industry has been taking shape slowly. Seventy-seven tribally owned medical marijuana dispensaries and adult-use stores are spread across nine states as of April, according to Marijuana Business Daily.
Read on to learn about the states that have legalized recreational marijuana and see the FAQ section below for more details about marijuana legalization.
Some strains of the cannabis plant – also referred to colloquially as weed or pot – contain a psychoactive compound called THC that produces a “high” when ingested or inhaled. Opponents say marijuana poses a public health and safety risk, and some are morally against legalization. Proponents, however, argue that it is not as dangerous as alcohol and point to evidence that it has therapeutic benefits, such as stress and pain relief. Advocates also see it as a moneymaker for states and a necessary social justice initiative, as research shows marijuana laws have disproportionately affected people from minority communities, contributing to mass incarceration.
No. Marijuana is classified at the federal level as a Schedule I drug under the Controlled Substances Act, meaning that the government believes it to have no medical use and a high potential for abuse. Cultivating, distributing and possessing marijuana violates federal drug laws.
But reports of the DEA’s plans to reclassify marijuana following Biden’s October 2022 proclamation mean that, pending the final hurdles, weed would soon become a Schedule III drug like ketamine and some anabolic steroids, and its medical uses would be recognized. The move, however, would not legalize marijuana outright for recreational use, and it would still be considered a controlled substance subject to rules and regulations. Trafficking such substances without permission could still lead to criminal prosecution.
States that have legalized either recreational or medical marijuana have done so in direct conflict with the federal government, creating tension between the rights of states to create their own laws and the authority of the federal government.
The federal government has, however, generally taken a hands-off approach to marijuana prohibition enforcement in states that have legalized marijuana in some capacity. In 2009, the Obama administration told federal prosecutors to consider not prosecuting people who distributed marijuana in accordance with state medical marijuana laws.
Decriminalization is, broadly defined, the reduction of penalties for a certain criminal act or the process of reclassifying a criminal offense as a civil offense.
The Marijuana Policy Project reports that 31 states and the District of Columbia have decriminalized low-level marijuana possession offenses, typically removing the possibility of jail time at least for first time-offenses, though the possibility of a fine or a criminal record remains in some places. Some states have reclassified the possession of small amounts of weed as a civil, rather than a criminal, offense, while others have reduced the penalties. In most of those states, repeat offenses, sales, distribution or possession of large amounts of marijuana can still result in a jail sentence.
Of the states that have passed decriminalization measures, some have medical marijuana laws. North Carolina is the only state to have decriminalized marijuana but not to have legalized it in any form.
Decriminalization is often seen as a middle ground between full-blown legalization and a strict, punitive drug policy, which has disproportionately affected communities of color.
States have their own processes for licensing dispensaries, but in all states where marijuana is legal, businesses that sell marijuana must have a license from the state to do so.
The sales are regulated and taxed by the states at varying rates. Some states implement an excise tax on the sales, which are taxes on a particular good – in this case, marijuana – levied on the seller, which typically passes it on to the consumer by including it in the product's price.
Provisions outlining the amount of marijuana an adult can legally possess, if adults can grow their own marijuana plants and how the tax revenue is spent vary from state to state.
– Former U.S. News writers Claire Hansen and Horus Alas contributed to this report, which has been updated with additional information.