The Current State of Marijuana Legalization as of January 2026.

1. Recreational & Medical Legal

In these states, adults 21 and older can legally possess, use, and—in most cases—purchase marijuana from licensed dispensaries. These states also maintain robust medical programs.

• Alaska
• Arizona
• California
• Colorado
• Connecticut
• Delaware
• Illinois
• Maine
• Maryland
• Massachusetts
• Michigan
• Minnesota
• Missouri
• Montana
• Nevada
• New Jersey
• New Mexico
• New York
• Ohio (First commercial sales began in late 2024)
• Oregon
• Rhode Island
• Vermont
• Virginia (Note: Retail sales remain in a legislative “gray area” despite legal possession)
• Washington

Note: The District of Columbia allows possession and cultivation, but a federal “rider” historically prevented the city from setting up a regulated retail market.

2. Medical Marijuana Only

These states recognize the therapeutic value of cannabis but have not yet legalized it for recreational use. In many of these regions, possession without a medical card is still a criminal or civil offense.

• Alabama
• Arkansas (Voters rejected recreational use in late 2022)
• Florida (High-stakes efforts to legalize recreationally are ongoing in 2026)
• Hawaii
• Kentucky (Full medical program effective as of 2025)
• Louisiana
• Mississippi
• Nebraska (Voters approved medical use in the 2024 election)
• New Hampshire (Legalization bills frequently pass the House but stall in the Senate)
• North Dakota
• Oklahoma
• Pennsylvania (Strong legislative push for recreational use is currently active)
• South Dakota
• Utah
• West Virginia

3. CBD and Low-THC Programs Only

These states have very restrictive laws. They do not have “comprehensive” medical programs, but they allow specific patients (often those with epilepsy or terminal illness) to use CBD oil with trace amounts of THC.

4. The “Dry States”: Fully Illegal

In these states, marijuana remains fully illegal for both medical and recreational purposes, with no formal low-THC medical access programs.

• Idaho (Currently facing 2026 ballot initiatives for medical use)
• Kansas

Key Trends to Watch in 2026

1. Federal Rescheduling: The shift from Schedule I to Schedule III has eased research restrictions and allowed cannabis businesses to deduct standard business expenses (fixing the “280E” tax issue), but it has not made marijuana legal nationwide.
2. Public Consumption Bans: As seen in Florida and other recently legalized states, there is a growing trend of “clean air” laws specifically banning the smoking or vaping of marijuana in public parks, beaches, and sidewalks.
3. The 2026 Ballot: Keep a close eye on Idaho, Nebraska, and New Hampshire. These states have active campaigns that could move them from one category to another by the end of the year.

Disclaimer: Marijuana laws are subject to change and vary by local municipality. Always check current local and state statutes before possessing or consuming cannabis.

Given the evolving legal status of cannabis, particularly in states where recreational use is now legal, we advise clients in those locations to consider adopting drug screening options that exclude testing for cannabinoids (marijuana). Specifically, we recommend using the newer 4-panel and 9-panel screens instead of the traditional 5-panel and 10-panel tests, which typically include marijuana testing. Refer to the table below for a comparison of the typical 5, 4, 10, and 9 panel tests.