Legality of cannabis by U.S. jurisdiction


In the United States, the use and possession of cannabis is illegal under federal law for any purpose, by way of the Controlled Substances Act of 1970. Under the CSA, cannabis is classified as a Schedule I substance, determined to have a high potential for abuse and no accepted medical use – thereby prohibiting even medical use of the drug. At the state level, however, policies regarding the medical and recreational use of cannabis vary greatly, and in many states conflict significantly with federal law.
The medical use of cannabis is legalized in 33 states, four out of five permanently inhabited U.S. territories, and the District of Columbia. Fourteen other states have laws that limit THC content, for the purpose of allowing access to products that are rich in cannabidiol, a non-psychoactive component of cannabis. Although cannabis remains a Schedule I drug, the Rohrabacher–Farr amendment prohibits federal prosecution of individuals complying with state medical cannabis laws.
The recreational use of cannabis is legalized in 11 states, the District of Columbia, the Northern Mariana Islands, and Guam. Another 16 states and the U.S. Virgin Islands have decriminalized. Commercial distribution of cannabis is allowed in all jurisdictions where cannabis has been legalized, except Vermont and the District of Columbia. Prior to January 2018, the Cole Memorandum provided some protection against the enforcement of federal law in states that have legalized, but it was rescinded by former Attorney General Jeff Sessions.
Although the use of cannabis remains federally illegal, some of its derivative compounds have been approved by the Food and Drug Administration for prescription use. Cannabinoid drugs which have received FDA approval are Marinol, Syndros, Cesamet, and Epidiolex. For non-prescription use, cannabidiol derived from industrial hemp is legal at the federal level but legality varies by state.
D Decriminalized

By state

Federal district

By inhabited territory

By Tribal Nation

ReservationPossessionSaleTransportationCultivationNotes
Flandreau Santee Sioux Tribe
legalLegal sales since January 1, 2016One single licensed grow site for the nationIn summer 2015, the tribal authorities voted 5–1 to legalize recreational cannabis, making them the first reservation to do so following the 2013 Cole Memorandum.
Suquamish Tribe
legalLegal sales since December 2015In September 2015, the tribe signed the nation's first tribe-state cannabis pact, under which the tribe would operate a cannabis retail store with regulations paralleling those of Washington state.
Squaxin Island Tribe
legalLegal sales since November 2015
ReservationPossessionSaleTransportationCultivationNotes