Another year, another round of “will they or won’t they?” across state legislatures, ballot campaigns, and governor’s mansions. The marijuana legalization map of the United States is looking increasingly green, but there are still plenty of holdout states where advocates, patients, and businesses are pushing hard for change. And 2026 might just be the year some of those dominoes finally fall.
Nearly half of U.S. states have now enacted adult-use legalization, and the vast majority allow some form of medical cannabis access for qualified patients. But the push for reform is far from over. From New Hampshire to Hawaii, from the Florida sunshine to the Pennsylvania statehouse, advocates are targeting states across the country with a combination of legislative campaigns and ballot initiatives.
What makes 2026 particularly interesting is the backdrop: President Donald Trump’s executive order directing Attorney General Pam Bondi to complete the process of moving cannabis from Schedule I to Schedule III of the Controlled Substances Act. While that policy change wouldn’t federally legalize marijuana, it could serve as the political permission slip that some cautious state lawmakers have been waiting for.
“President Trump’s executive order directing his attorney general to swiftly reschedule cannabis to Schedule III, coupled with the FDA’s prior analysis recommending rescheduling, should be a game changer in the states that have failed to adopt medical cannabis laws,” Karen O’Keefe, state policy director at the Marijuana Policy Project (MPP), told Marijuana Moment.
“Only 10 states lack a medical cannabis law and they all have Republican-led legislatures,” she added. “Now, their party’s standard bearer has forcefully made the case that medical cannabis can help older Americans, veterans, and be a substitute for ‘potentially lethal opioid painkillers.'”
She made a crucial point about specific opportunities: “In South Carolina, North Carolina and Kansas, at least one legislative chamber previously passed medical cannabis, only for it to not receive a floor vote in the other chamber. Federal rescheduling at the behest of President Trump could make the difference.”
But here’s the other side of the coin. Anti-marijuana activists are simultaneously ramping up their own campaigns to roll back legalization in states that have already approved it. So 2026 isn’t just about expansion. It’s about defense too.
In my personal opinion, the fact that we’re simultaneously fighting for new legalization and defending existing voter-approved programs tells you everything about where cannabis policy stands in America right now. The public is overwhelmingly in favor, the economics are compelling, and yet the political machinery keeps finding ways to slow things down. Progress feels inevitable, but the timeline remains frustratingly uncertain.
Let’s state by state.
Recreational Marijuana: States to Watch
Florida
Oh, Florida. The state that seems perpetually on the verge of legalization without ever quite getting there.
The legislative route seems unlikely, but there’s another push to legalize adult-use cannabis at the ballot, spearheaded by the campaign Smart & Safe Florida. The proposed initiative is currently under review by the Florida Supreme Court after the campaign collected enough signatures to trigger that process. However, the state attorney general and other opponents have filed briefs challenging its constitutionality, arguing it misleads voters, violates the single-subject rule for ballot measures, and conflicts with federal law.
Here’s the frustrating recent history: an earlier version of this initiative made the 2024 ballot. A majority of voters supported it, but the measure failed to reach the 60% threshold required for a constitutional amendment in Florida. Smart & Safe Florida revised the proposal and launched a new campaign, but litigation has already led to the invalidation of roughly 200,000 collected signatures.
Governor Ron DeSantis (R), who actively campaigned against the 2024 version (including, notably, using state resources to do so), has expressed doubt that the Supreme Court will allow the new version to proceed.
The campaign has been heavily funded by Trulieve, one of the largest cannabis companies in the country, whose CEO Kim Rivers is credited with directly lobbying President Trump to endorse both the Florida legalization initiative and federal rescheduling.
Meanwhile, a Florida senator recently filed a separate bill to legalize cannabis through the legislature. Whether that goes anywhere in the current political climate is another question entirely.
My honest take? Florida will legalize eventually, possibly as soon as this year’s ballot. But the 60% threshold is a brutal hurdle. When the majority of your voters say yes and it still isn’t enough, the system is working against the will of the people, not for it. Understanding the medical benefits of cannabis compounds becomes even more important in states where patients are still waiting for legal access.
Hawaii
Hawaii is the only West Coast state without legal adult-use marijuana. Let that sink in for a moment. The state synonymous with laid-back vibes and natural wellness has somehow become one of the last Pacific holdouts on cannabis reform.
Past attempts to legislatively enact legalization have fallen short, but momentum continues to build. Governor Josh Green (D) supports legalization, and House Judiciary and Hawaiian Affairs Committee Chairman David Tarnas (D) recently said he’ll work to advance a bill in the 2026 session that would put the legalization question to voters on the ballot.
House Speaker Nadine Nakamura (D) has acknowledged broad public support but noted that some House members, particularly from Oahu, aren’t on board. In 2025, the Senate narrowly defeated a proposal that would have increased fivefold the amount of cannabis a person could possess without criminal risk. A separate Senate legalization bill stalled after failing to make it out of committee by a legislative deadline.
The pattern over the past couple of sessions has been consistent: legalization bills pass the Senate or clear committees with promising momentum, only to get stuck in the House. In 2024, a Senate-passed legalization bill also died in the House.
For a state with an established medical cannabis program and a tourism economy that would clearly benefit from regulated adult-use sales, the continued resistance feels especially disconnected from reality. Hawaii’s potential cannabis market could be worth over $1 billion, and the terpene-rich strains that thrive in tropical climates could make the state a natural hub for premium cannabis cultivation.
New Hampshire
New Hampshire’s motto is “Live Free or Die,” which makes its continued prohibition of recreational cannabis one of the more ironic situations in American politics.
Lawmakers have filed a slew of marijuana-related bills for the 2026 session, including proposals to legalize adult-use cannabis legislatively, put a constitutional amendment on the ballot for voters to decide, protect gun rights of medical cannabis patients, and allow medical dispensaries to operate on a for-profit basis.
Representative Jonah Wheeler (D) filed a particularly notable proposal: a constitutional amendment that would let voters decide if they want to legalize marijuana for adults 21 and older, allowing them to “possess a modest amount of cannabis for their personal use.”
The New Hampshire House actually gave approval to a marijuana legalization bill on the very first day of the 2026 session. But its prospects in the Senate are questionable, and Governor Kelly Ayotte (R) has threatened to veto any legalization bill that reaches her desk.
The bill’s sponsor, Representative Jared Sullivan (D), was refreshingly blunt during a committee hearing: “We know where it’s going to go. Let’s send a virtue signal. Let them be the ones that are pissing off voters who care about this.”
The House has repeatedly passed similar legalization legislation in past sessions. At some point, the Senate and governor will need to acknowledge that public opinion has moved beyond them. New Hampshire residents surrounded by legal cannabis in neighboring Massachusetts, Vermont, and Maine are increasingly unimpressed by their state’s refusal to act.
Pennsylvania
Pennsylvania is the big prize that advocates have been eyeing for years. It’s one of the most populous states without adult-use legalization, and the economic case for reform is overwhelming.
Bipartisan lawmakers who’ve been working on legalization say Trump’s federal rescheduling order could help move the needle. The House passed a marijuana legalization bill last year featuring a novel proposal for sales at state-run stores, but it was promptly rejected by the GOP-controlled Senate.
A top House lawmaker recently described legalizing cannabis as one way to create a “very important” revenue source for the state, calling it achievable “if only legislators could find the will to do it.” Meanwhile, Senate Appropriations Committee Chair Scott Martin (R) expressed skepticism about 2026 prospects, citing the federal classification of cannabis, though rescheduling to Schedule III wouldn’t actually legalize marijuana federally.
The governor’s office has urged lawmakers to stop introducing competing bills and instead build consensus, while emphasizing that any measure needs equity provisions for the governor’s signature. Senator Dan Laughlin (R), a legalization supporter, said his colleagues are “picking up votes” to enact reform this session.
Polls consistently show bipartisan support among Pennsylvania voters, but the reform has stalled repeatedly due largely to GOP opposition in the Senate. However, not all Republican members are against it. One GOP lawmaker recently said her party should seize the “opportunity to snatch” the issue from Democrats. That’s the kind of competitive instinct that might actually get things done.
For patients who already rely on Pennsylvania’s medical cannabis program and use products with specific terpene profiles for pain management or anxiety relief, adult-use legalization would expand access and drive down prices across the board.
Virginia
Virginia presents perhaps the most uniquely absurd situation in American cannabis policy. Cannabis has been legal to possess and cultivate for adult use since 2021. You can grow it. You can have it. But you can’t buy it anywhere, because there’s no retail market for non-medical marijuana.
Virginia is the only one of the 24 states with legalized recreational marijuana where adult-use possession is allowed but commercial sales remain prohibited. That’s like being told you can eat cake but there’s no bakery and you can’t buy flour.
The good news is that the political landscape just shifted dramatically. Former Governor Glenn Youngkin (R) vetoed bills to establish a commercial market. But Governor-elect Abigail Spanberger (D) supports legalization and has outlined what she wants to see in a sales bill, including strong labeling requirements and education-focused tax revenue allocation.
The legislature’s Joint Commission to Oversee the Transition of the Commonwealth into a Cannabis Retail Market recently unveiled a proposal recommending that lawmakers pass a bill authorizing recreational sales during the 2026 session. Senate President pro tempore Louise Lucas (D) said the state should move forward with retail sales in part to offset the Trump administration’s cuts to federal spending.
Virginia is widely considered one of the best-positioned states to finally authorize adult-use cannabis sales in 2026, and it would immediately become a significant East Coast market. The demand for quality cannabis products featuring diverse terpene profiles would be substantial from day one.
Medical Cannabis: States on the Verge
Idaho
Idaho remains one of the most restrictive states in the country for cannabis, but a campaign is actively working to put medical marijuana legalization on the 2026 ballot.
The Natural Medicine Alliance of Idaho (NMAI) certified its initiative last October and recently stepped up efforts by recruiting paid petitioners. The measure would provide patients with qualifying conditions access to marijuana from a limited number of dispensaries and establish a regulatory framework.
Making the ballot requires 70,725 valid signatures, including from at least 6% of registered voters in 18 of Idaho’s 35 legislative districts. That’s a significant lift in a conservative state.
Here’s the catch: voters will also see a separate proposal on the ballot, a constitutional amendment approved by the legislature that would make it so only lawmakers could legalize marijuana or other controlled substances. In other words, the legislature is trying to strip voters of the ability to legalize cannabis through ballot initiatives in the future. If that doesn’t tell you everything about where Idaho’s political leadership stands, nothing will.
Legislators held a hearing in March 2025 to discuss a medical cannabis bill, but there hasn’t been meaningful legislative action since.
Kansas
Kansas Governor Laura Kelly (D) has said it’s time for lawmakers to finally legalize medical marijuana. Polling from late 2024 found that nearly 73% of Kansans support medical legalization, and about 61% support broader adult-use reform.
But the legislature keeps saying no.
The House passed a medical cannabis bill in 2021, and it stalled in the Senate. After numerous hearings, the Senate Federal and State Affairs Committee voted in 2024 to table a limited medical marijuana pilot program. An effort to revive it on the Senate floor fell short.
Senate President Ty Masterson (R) went from being “open to discussion” about medical cannabis in 2023 to calling it a “nonstarter” in 2024, claiming it would lead to “gang activity” and put kids at risk. That kind of rhetoric, in 2024, for a medical marijuana program, is the kind of thing that makes advocates want to pull their hair out.
A state legislative panel then voted against recommending medical cannabis legalization, suggesting lawmakers should wait to see how federal rescheduling plays out. Well, the president signed that executive order. The waiting game excuse is running out of runway.
For patients in Kansas who could benefit from cannabis-based approaches to chronic pain or the calming properties of specific terpenes, the continued inaction is more than frustrating. It’s a denial of options that patients in 40+ other states already have.
North Carolina
North Carolina’s Governor Josh Stein (D) reiterated his support for legalizing marijuana in June, specifically citing the need to regulate the state’s intoxicating hemp market.
“Our state’s unregulated cannabis market is the Wild West, and it is crying out for order,” Stein said, explaining why he signed an executive order creating a bipartisan commission to study legalization.
In recent sessions, multiple limited medical marijuana bills advanced through the Senate before stalling in the House. Senate President Phil Berger (R) said his chamber was deferring to the House to move first on medical reform this session, and advocates have been awaiting a comprehensive House bill.
Representative Aisha Dew (D) filed a bill last April that would legalize medical marijuana for patients with conditions including cancer, epilepsy, HIV/AIDS, Parkinson’s disease, PTSD, and end-of-life care. The North Carolina Compassionate Care Act is notably more detailed than another Democrat-led proposal that would only allow access through “registered research studies.”
North Carolina feels like it’s getting closer, but the House remains the bottleneck. Understanding how different cannabis compounds work together to provide therapeutic benefits for these qualifying conditions is increasingly supported by research, making the case for medical access harder to dismiss.
South Carolina
South Carolina’s Republican governor said in June that there’s a “compelling” case for medical marijuana legalization, despite law enforcement reservations. That’s notable in a deeply conservative state.
Governor Henry McMaster (R) acknowledged that supporters have a “very compelling situation,” even as “law enforcement, almost end-to-end, still have grave concerns.”
Senator Tom Davis (R), who has championed medical cannabis over multiple sessions, has described his legislation as “conservative.” An earlier version passed the Senate in 2024 but was never taken up by the House. A revised 2025 version also stalled.
House Speaker Murrell Smith’s (R) office has tempered expectations, referencing “insufficient support within the GOP caucus.” But among the public, support is massive: 93% of Democrats, 74% of Republicans, and 84% of independents back medical legalization.
When 74% of your own party’s voters support something and you can’t get it through your caucus, the disconnect between representatives and the represented is hard to explain away.
Wisconsin
Wisconsin rounds out the medical cannabis contenders, and we’ve covered this story in depth already.
Senate President Mary Felzkowski (R) and Senator Patrick Testin (R) filed a medical marijuana bill that the Senate Health Committee advanced in a 4-1 vote. But Assembly Speaker Robin Vos (R) has called the bill “too broad” and says there aren’t enough votes in his chamber.
Two-thirds of Wisconsin voters support legalization according to Marquette Law School polling, and the state hemorrhages cannabis dollars to Illinois dispensaries. Governor Tony Evers (D) isn’t seeking re-election, but the majority of gubernatorial candidates support some form of legalization.
The 2026 gubernatorial race could reshape the landscape entirely. With redistricting potentially changing the composition of the legislature, Wisconsin’s cannabis future may hinge on what happens in the November election.
The Rollback Threats: States Where Legalization Is Under Attack
Here’s the part of the 2026 cannabis landscape that keeps advocates up at night.
Arizona
A recently filed ballot initiative would repeal key provisions of Arizona’s voter-approved marijuana legalization law by eliminating commercial sales while still permitting possession and personal cultivation.
The “Sensible Marijuana Policy Act for Arizona” is being pushed by Sean Noble, president of the political strategy firm American Encore. If voters approved it, Arizona’s medical program would remain intact, but the recreational market that evolved since voters approved adult-use legalization in 2020 with 60% support would be eliminated.
The campaign needs 255,949 valid signatures by July 2, 2026. Given that 60% of voters approved legalization and subsequent polling shows even stronger support (69% for adult-use, 86% for medical), this seems like an uphill battle. But complacency is the enemy of progress.
Maine
Maine officials cleared prohibitionist activists to begin collecting signatures for a ballot initiative that would roll back the state’s voter-approved legalization law. The proposal would eliminate recreational marijuana sales while keeping possession of up to 2.5 ounces legal. Home cultivation would also be repealed.
The measure is backed by a Republican state senator and a former top staffer to ex-Governor Paul LePage (R). Activists needed at least 67,682 valid voter signatures by February 2, 2026 to qualify for the ballot. Maine voters approved legalization in 2016, and the market has been operating since 2018.
Massachusetts
Massachusetts officials confirmed that a campaign to roll back the state’s legalization law collected enough valid signatures to send the measure to lawmakers. The legislature received the proposal on January 7, 2026, and has until May 5 to act. If they don’t enact it legislatively (which seems unlikely), the campaign needs 12,429 more certified signatures by July 1 to make the November ballot.
There’s been significant controversy around the signature collection process, with allegations that petitioners used misleading information and fake cover letters for other ballot measures. The attorney general’s office has received complaints, and the State Ballot Law Commission has scheduled a hearing.
Massachusetts has generated over $8 billion in adult-use marijuana sales since launching in 2018. The head of the state’s marijuana regulatory agency recently warned that recriminalizing recreational sales could jeopardize tax revenue funding substance misuse treatment and other public programs.
Ohio
We’ve covered Ohio’s situation extensively, but the short version: Governor DeWine signed SB 56, which rolls back provisions of the voter-approved legalization law and bans intoxicating hemp products. Activists with Ohioans for Cannabis Choice are racing to collect 248,000 signatures by March 19 to put a referendum on the November ballot.
The Big Picture: 2026 as an Inflection Point
“2026 marks a potential inflection point for the cannabis reform movement,” NORML Deputy Director Paul Armentano said. “We faced significant headwinds in 2025, with lawmakers in several states rolling back voter-initiated cannabis reforms, and we face additional repeal efforts in 2026.”
“How successfully we respond to these challenges will determine the degree to which our movement continues to move forward,” he added. “The public remains committed to adult-use legalization and medical cannabis access, and it is our responsibility to galvanize this public opinion and ensure that it prevails in state houses and at the ballot box.”
O’Keefe of MPP captured the duality perfectly: “2026 holds both great potential and great peril for cannabis policy reform. For the first time, ballot initiatives may qualify to reinstate cannabis prohibition. Meanwhile, two of the most populous states in the country, one purple and one red, could legalize cannabis for adults.”
In my view, the cannabis reform movement is at a critical juncture. The trajectory is clearly toward legalization. Public opinion is overwhelmingly supportive across party lines. The economic arguments are undeniable. The medical evidence continues to grow, with research into terpenes, cannabinoids, and the entourage effect producing promising results for conditions ranging from chronic pain to anxiety to sleep disorders.
But momentum isn’t the same as inevitability. The rollback campaigns in Massachusetts, Arizona, Maine, and Ohio prove that progress can be reversed if advocates get complacent. The legislative stalls in Kansas, Wisconsin, and New Hampshire show that public support doesn’t automatically translate into political action. And the Florida threshold problem demonstrates that even majority rule has limits when the system is designed to require supermajorities.
What 2026 ultimately brings depends on whether voters, advocates, and reform-minded lawmakers can match their opponents’ intensity. The prohibitionists are organized, well-funded, and strategic. The reform movement needs to be all three and more.
If 2025 was any indicator, with its dizzying series of policy developments, executive orders, and legislative battles, the cannabis community is looking at another rollercoaster year. Buckle up. Stay engaged. And for the love of all things green, vote.
Disclaimer: The opinions expressed in this article are those of the author and do not constitute legal, medical, or financial advice. Cannabis remains a controlled substance under federal law. Readers should consult with qualified professionals regarding their specific circumstances. All factual claims are sourced from publicly available government records, polling data, official statements, and verified news reports.
