4/20 is just days away, and folks who may want to participate in the unofficial weed holiday should be aware of what products and types of consumption are legal where they live.
According to 2025 data from the National Conference of State Legislatures (NCSL), medical marijuana is legal in 40 states and recreational marijuana is legal in 24 states and Washington, DC.
Eight states allow for “low THC, high cannabidiol” products for medical reasons, but these programs are not counted as comprehensive medical marijuana programs, the NCSL said. And only one state, Idaho, has no marijuana programs.
In December 2025, President Donald Trump signed an executive order to federally reclassify marijuana from a Schedule I to Schedule III drug. The former includes the most dangerous substances, like heroin, LSD and ecstasy, while the latter describes substances that have a “a moderate to low potential for physical and psychological dependence,” per the Drug Enforcement Administration (DEA).
The president’s order also said the administration will work with Congress to reclassify hemp-derived cannabinoid products so Americans can get easier access to CBD options.
Tokin’ up? Here’s a comprehensive look at where marijuana is legal throughout the United States.
Forty states and Washington, DC allow medical marijuana use, according to the NCSL:
*States that only have medical marijuana programs.
Twenty-four states and Washington, DC allow recreational marijuana use, according to the NCSL. Here’s a look at the states where recreational marijuana is legal:
Only one state has no marijuana program: Idaho.
In nine states, CBD and low THC products for medical use are legal, but medical and recreational marijuana is not. These states are:
Greta Cross is a national trending reporter at USA TODAY. Story idea? Email her at gcross@usatoday.com.