Is Cannabis Legal in the US?

Cannabis is currently illegal under federal law in the US. But many states have made their own rules for cannabis use. Some states allow cannabis for medical use, some allow it for both medical and recreational use, and others still consider it fully illegal.

How do cannabis laws vary by state?

Cannabis laws in the US vary widely by state:

• Some states allow cannabis for medical use only.
• Other states allow cannabis for both medical and recreational use.
• Some states have limitations on the types of cannabis products allowed.
• Each state may have its own definition of eligible “people” or who is considered an “adult,” which affects who can legally use cannabis.
• Some states have removed or reduced fines and other legal penalties for people who have small amounts of cannabis in their possession.
• Some states still consider cannabis to be fully illegal. In these states, bringing cannabis from another state, using it, or having it in your possession means you might face criminal charges.

Medical use of cannabis

Many states have rules that allow people (usually adults) to use cannabis for medical reasons. To use cannabis legally in these states, you must have a medical problem that has been shown to possibly benefit from cannabis use. You can learn more at Possible Benefits of Cannabis for People with Cancer and Risks of Cannabis Use for People with Cancer.

States usually require a recommendation from a doctor, too. Some states might require having a special card that identifies the person as a medical marijuana patient in order to buy it from a cannabis store or dispensary.

Recreational use of cannabis

In states that allow adults to use cannabis during their leisure time, it can usually be bought in stores or dispensaries that have a license to sell it. Each state has rules about how much you can buy at a time. There are also laws about what forms you can use and where you can use them. For example, some states allow edible cannabis to be used in public places, but inhaled or smoked cannabis or marijuana may not be allowed in certain places.

How to find your state’s cannabis laws

The following organizations offer maps detailing the cannabis laws adopted by each state:

• National Consortium of State Legislatures offers a State Regulate Cannabis Programs Map
• Britannica/ProCon provides a State-by-State Marijuana Laws Map

You can also check your state legislation pages or call your local health department to find out where to find your state’s information. The state pages can provide details about when laws were passed and any limits to cannabis use within the state.

What does the federal law say about cannabis?

While cannabis laws in the US vary widely by state, cannabis is considered an illegal drug under federal law. The only exception to this is hemp, which is not considered illegal because of its lower amount of THC.

Cannabis has long been classified as a Schedule 1 drug by the US Food and Drug Administration (FDA). Schedule 1 is a classification for drugs considered to have a high risk for abuse and no accepted medical use.

However, this may change soon. The FDA is expected to change cannabis to a Schedule 3 drug. This means it would be considered to have some medical uses and a lower risk of misuse.

The FDA is looking at data from doctors, nurses, and patients who have used marijuana or other forms of cannabis for medical reasons. In a recent report, the FDA stated that cannabis is a low-risk threat to people’s health, mostly because it is not as likely to be misused as other Schedule 1 and 2 drugs, such as cocaine and heroin.

How does the FDA classify drugs like cannabis?

Cannabis products are regulated by the FDA. Under the Controlled Substances Act (CSA), the FDA works with the Drug Enforcement Administration (DEA) to figure out the best way to classify drugs.

The FDA and DEA follow these steps to figure out how a drug should be classified:

1. The FDA evaluates a drug based on its medical use and safety. They look at data about how the drug is being used, how safe and effective it is, and if there is a risk for the drug to be misused or abused.
2. The DEA uses the FDA evaluation, research, and other factors to decide how to classify a drug.
3. The drug is then classified into 1 of 5 “schedules” from the most restricted, Schedule I (1), through the least restricted, Schedule V (5).

What are the different drug schedules?

• Schedule 1 drugs are considered the most dangerous. They are illegal to make, use, or sell. They have the highest risk for misuse and abuse. These drugs have the most restrictions on how they can be prescribed and used, and who can prescribe them. Examples are heroin, LSD, and cannabis (although cannabis laws are changing).
• Schedule 2 drugs have a high risk for abuse. These have strict rules for their use and are prescribed by doctors for medical reasons only. Examples are cocaine, methamphetamine (meth), and strong pain medicines such as oxycodone.
• Schedule 3 drugs have less risk for abuse than Schedule 1 and 2 drugs. They are prescribed by doctors with rules for their use. Examples are steroids and pain medicines like codeine.
• Schedule 4 drugs have a lower risk of abuse. They are prescribed for medical reasons such as treating anxiety.
• Schedule 5 drugs have the lowest risk for misuse and abuse and have the least restrictions. Examples are cough and diarrhea medicines that include small amounts of codeine.

Other rules and legal concerns

If you have cancer and you’re using cannabis or thinking about trying cannabis, it’s important to understand if and how it’s allowed to be used for medical and recreational purposes. It’s also important to check your state’s government website to know:

• If cannabis use is legalized in your state for medical and/or recreational use
• The extent and limitations of cannabis use in your state
• How and where to access legal, registered dispensaries and sellers in your state to avoid illegal purchases
• If cannabis products purchased or obtained outside of your state can be brought into your state

Federal limitations on people who use cannabis

According to federal law, people who use cannabis cannot:

• Buy and possess a gun or other firearm
• Get federal housing
• Get certain types of visas
• Be employed by the federal government
• Serve in the military

These limitations are because cannabis is currently a Schedule 1 drug. If cannabis is reclassified as a Schedule 3 drug, these limitations will no longer apply.

Traveling

Crossing state lines with cannabis may or may not be allowed under state laws. For example, if cannabis is illegal in a state that is being traveled to, it can be against the law to bring cannabis to that state.

Carrying cannabis while traveling to and from other countries is illegal under federal law except for hemp products. 

Workplace policies

Workplace policies on cannabis use and drug testing vary greatly. For example, employers who hire or use federal workers and contractors are required to include drug testing programs in their policies. For non-federal employees and contractors, details in a workplace cannabis policy depend on where you are employed, what type of job you have, and what your job duties are. In addition, employers must abide by state laws on cannabis use, which can be hard to do if employees work from home or offices in other states.

If you are employed and use cannabis or are thinking of using it, check your workplace policy. Here are some things to keep in mind:

• Even if cannabis is legal in a state, employers that have a drug and alcohol policy can require drug tests on employees that include testing for cannabis.
• There are no current federal laws that say employers should accept or reject an employee’s use of cannabis, even for medical purposes.