Where cannabis is legal, state by state

On the ballot November 3, 2026

Both statewide cannabis questions failed. Massachusetts keeps its retail market, and Idaho voters kept the ability to legalize through citizen initiatives. No statewide measure this year would have created a new adult-use or medical market. Results below are unofficial until states certify them.

Local measures

Local questions are decided only by voters inside that town, and no national list is complete, so treat this as a floor. Results are election-night or next-day counts from county election offices or local news.

Tried for 2026 and not on the ballot

• Arizona: Repeal of Proposition 207. The lead proponent called it off.
• Florida: Adult-use constitutional amendment. The state said it fell short of the 880,062 valid signatures required. The campaign’s court challenge failed.
• Idaho: Medical Cannabis Act and a decriminalization initiative. Neither submitted enough valid signatures.
• Maine: Repeal of commercial adult-use sales. Still gathering signatures, with 2027 the expected target.
• Missouri: Marijuana regulations amendment. Not among the measures certified for the ballot.
• Nebraska: Adult-use constitutional amendment. Not among the initiatives certified for the ballot.
• New Hampshire: CACR 19, a constitutional right to possess. Died in the Legislature.
• Ohio: Referendum on SB 56. The campaign fell short and suspended on March 18.
• Oklahoma: State Question 837, adult use. Withdrawn after backers said they would fall short.
• Washington: Excise tax cut to 7%. No signatures were submitted.

Every state in one table

What federal law says

• State-licensed medical marijuana and FDA-approved marijuana products moved to Schedule III in April 2026.
• All other marijuana, including adult-use, remains Schedule I. A DEA hearing on moving it all to Schedule III ended in July. A judge refused to reopen it on October 22, and no final rule or date exists.
• A narrower federal definition of hemp takes effect in two steps. Synthetic cannabinoids go first on November 12, 2026, and the limit of 0.4 mg of total THC per container follows on December 11.
• Rescheduling does not legalize anything. Taking cannabis across state lines and possessing it on federal land stay illegal even between legal states.

How to read this

• Medical follows the common count of 41 states with comprehensive laws, including Georgia after its 2026 expansion. Nebraska counts, though sales had not been reported by mid-September.
• Limited means a narrow CBD or low-THC law. Iowa is in this group because of its THC cap. Sources differ on Indiana, Wisconsin and Wyoming. They are listed under no program here because their exemptions do not reach past federal hemp.
• No jail for a small amount follows the Marijuana Policy Project's list of 7 states beyond the legal ones. In Louisiana and North Carolina the offense is still a criminal charge, and repeat offenses can bring jail elsewhere.
• Territories are not mapped. Guam, the Northern Mariana Islands and the U.S. Virgin Islands allow adult use. Puerto Rico allows medical use. Tribal law can differ from state law.
• This is a summary, not legal advice. Limits have exceptions, cities can add rules, and laws change.

Sources

• Results: STAT News on Massachusetts Question 8, East Idaho News on HJR 4, and county election offices and local news for local measures (linked beside each result)
• The Marijuana Herald, laws by state, updated October 1, 2026, and home grow laws, updated September 15, 2026
• Marijuana Policy Project, 2026 legislation and voter measures and possession penalties
• WeedVoter, cannabis law by jurisdiction and 2026 ballot guide, the main source for local measures
• NORML Election Central, updated October 28, 2026
• Ohio State Moritz College of Law, Drugs on the Ballot
• The 'Gander, Michigan local measures
• DEA, marijuana rescheduling actions and Ogletree on the pause
• Associated Press on Virginia retail sales
• Foley Hoag on the hemp delay