Is Marijuana Possession Still a Crime?

Marijuana law in the US is split between states and the federal government, and it changed significantly in 2026.

State law

As of 2026, 24 states and Washington, D.C., have legalized marijuana for adults 21 and older: Alaska, Arizona, California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nevada, New Jersey, New Mexico, New York, Ohio, Oregon, Rhode Island, Vermont, Virginia and Washington. Most other states allow medical use, and some have decriminalized small amounts.

Even in legal states:

• Possession limits apply; possessing more can be a crime.
• Public use is usually prohibited.
• Sales outside licensed stores are illegal.
• Landlords and employers may still set their own rules.

In states without legalization, possession can be a misdemeanor or, for larger amounts, a felony.

Federal law in 2026

In April 2026, the Justice Department moved FDA-approved marijuana products and marijuana products regulated under a state medical marijuana license to Schedule III (DEA, Federal Register). A separate hearing on the broader rescheduling proposal was scheduled for mid-2026. Other marijuana remains in Schedule I, and federal simple possession can bring up to a year in jail for a first offense (21 U.S.C. 844).

Federal law matters most:

• On federal land, such as national parks and military bases
• At borders and airports under federal jurisdiction
• For immigration: marijuana offenses and even admissions of use can affect visas, green cards and naturalization
• For gun purchases: federal law bars unlawful drug users from possessing firearms
• For federal jobs and security clearances

Driving

Driving while impaired by marijuana is illegal everywhere. See first DUI arrest.

Crossing state lines

Taking marijuana across state lines, even between two legal states, is illegal under federal law.

Old convictions

Many legal states have created automatic expungement or petition processes for past marijuana convictions. See expungement.

If charged

Talk to a criminal defense lawyer about diversion and whether the amount and circumstances fall within state limits. Non-citizens should get immigration advice before any plea.

Sources

1. Drug Enforcement Administration: Marijuana rescheduling regulatory actions
2. Federal Register: Rescheduling of FDA-approved products containing marijuana to Schedule III (April 28, 2026)
3. Wikipedia: Legality of cannabis by U.S. jurisdiction
4. Cornell Law School LII: 21 U.S.C. 844, Penalties for simple possession