by | Jan 21, 2026 | Uncategorized

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.

State

Status

Georgia

Low-THC oil only

Indiana

CBD only

Iowa

Medical CBD program

North Carolina

Decriminalized, but only low-THC medical allowed

South Carolina

Low-THC oil only

Tennessee

Low-THC oil only

Texas

Compassionate Use Program (Low-THC)

Wisconsin

CBD only

Wyoming

CBD only

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.

Screen/Test

Drugs Tested
5 Panel Amphetamines; Cocaine; Cannabinoids; Opiates; Phencyclidine
4 Panel Amphetamines; Cocaine; Opiates; Phencyclidine
10 Panel Amphetamines; Barbiturates; Benzodiazepines; Cocaine; Cannabinoids; Methadone; Methaqualone; Opiates; Phencyclidine; Propoxyphene
9 Panel Amphetamines; Barbiturates; Benzodiazepines; Cocaine; Methadone; Methaqualone; Opiates; Phencyclidine; Propoxyphene

 

5 more states approve the recreational use of marijuana.

by | Nov 20, 2020 | Uncategorized

Five more states approve the recreational use of marijuana.

 

As part of the 2020 election five more states, New Jersey, Vermont, Arizona, Montana and South Dakota approved the recreational use of Marijuana.

These states now join a growing list of states where Marijuana is legal for recreational use:

  • Colorado

  • Massachusetts

  • Alaska

  • District of Columbia

  • Oregon

  • Washington

  • California

  • Maine

  • Nevada

  • Michigan

  • Illinois

In light of the changing legal landscape regarding allowances in drug usage, we have begun to see the advent of 4- panel and 9- panel screens which do not test for cannabinoids (marijuana) as the earlier, traditional 5- panel and 10- panel screens have. See the table below for the typical 5, 4, 10 and 9 panel tests: 

Screen/Test

Drugs Tested
5 Panel Amphetamines; Cocaine; Cannabinoids; Opiates; Phencyclidine
4 Panel Amphetamines; Cocaine; Opiates; Phencyclidine
10 Panel Amphetamines; Barbiturates; Benzodiazepines; Cocaine; Cannabinoids; Methadone; Methaqualone; Opiates; Phencyclidine; Propoxyphene
9 Panel Amphetamines; Barbiturates; Benzodiazepines; Cocaine; Methadone; Methaqualone; Opiates; Phencyclidine; Propoxyphene

 

Illinois legalizes Marijuana for Recreational Use

by | Jul 5, 2019 | Uncategorized

-Illinois becomes the 11th state to legalize marijuana for recreational use.

 

Recently, Illinois became the 11th state to legalize marijuana for recreational use.

The bill,  HB1438, was recently signed by Illinois’ governor  and will go into effect on 1-1-2020.

The text of the bill can be viewed here: ==> http://www.ilga.gov/legislation/101/HB/PDF/10100HB1438enr.pdf 

In addition to legalizing marijuana for recreational use, there is also a provision  that means nearly 800,000 people with criminal records for purchasing or possessing 30 grams of marijuana or less may have those records expunged.

In light of the changing legal landscape regarding allowances in drug usage, we have begun to see the advent of 4- panel and 9- panel screens which do not test for cannabinoids (marijuana) as the earlier, traditional 5- panel and 10- panel screens have. See the table below for the typical 5, 4, 10 and 9 panel tests: 

Screen/Test

Drugs Tested
5 Panel Amphetamines; Cocaine; Cannabinoids; Opiates; Phencyclidine
4 Panel Amphetamines; Cocaine; Opiates; Phencyclidine
10 Panel Amphetamines; Barbiturates; Benzodiazepines; Cocaine; Cannabinoids; Methadone; Methaqualone; Opiates; Phencyclidine; Propoxyphene
9 Panel Amphetamines; Barbiturates; Benzodiazepines; Cocaine; Methadone; Methaqualone; Opiates; Phencyclidine; Propoxyphene

Whether your company uses the traditional 5- or 10-panel drug screens, or the updated 4- or 9-panel drug screens, you will want to discuss this with your drug screening specialists who can answer all your questions, and help empower you with the tools you will need to make the best decisions for your company, its employees, and your future success.

 

Drug Testing Changes in Nevada

by | Jun 25, 2019 | Regulatory

Major Change in the State of Nevada with new law.

 

Recently the State of Nevada passed a law that “prohibits the denial of employment because of the presence of marijuana in a screening test taken by a prospective employee, with certain exceptions.“

The bill that was passed as AB132, will go into effect on 1-1-2020.

 The law doesn’t prohibit testing for marijuana; however, it does prohibit denial of employment due to the presence of marijuana with certain exceptions.

AB132 reads:

Sec. 2. Chapter 613 of NRS is hereby amended by adding thereto a new section to read as follows:

Except as otherwise specifically provided by law:

 1. It is unlawful for any employer in this State to fail or refuse to hire a prospective employee because the prospective employee submitted to a screening test and the results of the screening test indicate the presence of marijuana.

 2. The provisions of subsection 1 do not apply if the prospective employee is applying for a position:

(a) As a firefighter, as defined in NRS 450B.071;

(b) As an emergency medical technician, as defined in NRS 450B.065;

(c) That requires an employee to operate a motor vehicle and for which federal or state law requires the employee to submit to screening tests; or

(d) That, in the determination of the employer, could adversely affect the safety of others.

3. If an employer requires an employee to submit to a screening test within the first 30 days of employment, the employee shall have the right to submit to an additional screening test, at his or her own expense, to rebut the results of the initial screening test. The employer shall accept and give appropriate consideration to the results of such a screening test.

 4. The provisions of this section do not apply:

(a) To the extent that they are inconsistent or otherwise in conflict with the provisions of an employment contract or collective bargaining agreement.

(b) To the extent that they are inconsistent or otherwise in conflict with the provisions of federal law.

(c) To a position of employment funded by a federal grant.

 5. As used in this section, “screening test” means a test of a person’s blood, urine, hair or saliva to detect the general presence of a controlled substance or any other drug.

In light of the changing legal landscape regarding allowances in drug usage, we have begun to see the advent of 4- panel and 9- panel screens which do not test for cannabinoids (marijuana) as their earlier, traditional 5- panel and 10- panel screens have. See the table below for the typical 5, 4, 10 and 9 panel tests:

 

Screen/Test

Drugs Tested
5 Panel Amphetamines; Cocaine; Cannabinoids; Opiates; Phencyclidine
4 Panel Amphetamines; Cocaine; Opiates; Phencyclidine
10 Panel Amphetamines; Barbiturates; Benzodiazepines; Cocaine; Cannabinoids; Methadone; Methaqualone; Opiates; Phencyclidine; Propoxyphene
9 Panel Amphetamines; Barbiturates; Benzodiazepines; Cocaine; Methadone; Methaqualone; Opiates; Phencyclidine; Propoxyphene

Whether your company uses the traditional 5 or 10 panel drug screens, or the updated 4 or 9 panel drug screens, you will want to discuss this with your drug screening specialists who can answer all your questions, and help empower you with the tools you will need to make the best decisions for your company, its employees, and your future success.

 

State of NY increases the cost of statewide criminal records search.

by | Apr 16, 2019 | Regulatory, Uncategorized

State of NY increases the cost of statewide criminal records search.

What happened?

As part of the recently passed NY state budget the New York State Office of Court Administration has  increased the state imposed fee for a statewide criminal record search from $65 to $95.  This fee also impacts county criminal record searches in the following counties:
Allegany, Bronx, Cayuga, Fulton, Kings, Montgomery, Nassau, New York, Orleans, Queens and Richmond.
(These are counties that can only be searched via the statewide record search.)

Why the increase?

NY, which already imposed the highest access fee in the country,  increased the cost to help fund the NY State indigent defense fund.

How will this impact me?

If you order a statewide NY criminal record search or order a background check that includes a county criminal record search in one of the impacted counties you could be subject to this access fee.

 

Our Policy.

Our policy at AmeriWide Screeners is to obtain client approval before dispatching a search to one of the affected jurisdictions.  If we see that you order a background check that would result in you being charged with the access fee we will reach out to you for approval prior to conducting the search.