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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.
Cannabis laws in the US vary widely by state:
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.
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.
The following organizations offer maps detailing the cannabis laws adopted by each state:
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.
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.
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:
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:
According to federal law, people who use cannabis cannot:
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.
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 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:
The American Cancer Society medical and editorial content team
Our team is made up of doctors and oncology certified nurses with deep knowledge of cancer care as well as editors and translators with extensive experience in medical writing.
Braun IM, et al. Cannabis and Cannabinoids in Adults With Cancer: ASCO Guideline. Journal of Clinical Oncology. 2024; 42(13). Available at https://ascopubs.org/doi/10.1200/JCO.23.02596.
Department of Justice (DOJ)/Drug Enforcement Administration (DEA). Drug Fact Sheet: Marijuana/Cannabis. 2020. Accessed at https://www.dea.gov/sites/default/files/2020-06/Marijuana-Cannabis-2020_0.pdf on October 29, 2024.
Food and Drug Administration (FDA). FDA Regulation of Cannabis and Cannabis-derived Products, Including Cannabidiol (CBD). 2024. Accessed at https://www.fda.gov/news-events/public-health-focus/fda-regulation-cannabis-and-cannabis-derived-products-including-cannabidiol-cbd on October 29, 2024.
Food and Drug Administration (FDA). What you need to know (and what we’re working to find out) about products containing cannabis or cannabis-derived compounds, including CBD. 2020. Accessed at https://www.fda.gov/consumers/consumer-updates/what-you-need-know-and-what-were-working-find-out-about-products-containing-cannabis-or-cannabis on October 29, 2024.
National Cancer Institute (NCI). Cannabis and Cannabinoids (PDQ) - Patient Version. 2023 Accessed at https://www.cancer.gov/about-cancer/treatment/cam/patient/cannabis-pdq on October 29, 2024.
National Institute on Drug Abuse. Cannabis (Marijuana). 2024. Accessed at https://nida.nih.gov/research-topics/cannabis-marijuana on October 29, 2024.
Transportation Security Administration (TSA). What can I bring? Medical marijuana. 2024. Accessed at https://www.tsa.gov/travel/security-screening/whatcanibring/items/medical-marijuana on October 29, 2024.
Worster B, Hajjar ER, Handley N. Cannabis use in patients with cancer: A clinical review. Journal of Clinical Oncology. 2022; 18(11): doi.org/10.1200/OP.22.00080.
Last Revised: October 29, 2024
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