Short answer: according to NCSL’s state medical cannabis table, nine states are not listed with any medical cannabis program: Idaho, Indiana, Iowa, Kansas, North Carolina, South Carolina, Tennessee, Wisconsin and Wyoming. Another 24 states have a medical program and also allow adult non-medical use, and 17 have a medical program without adult use. Federal hemp THC rules are a separate channel from state medical programs, and their next dates are November 12, 2026 and December 11, 2026.
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Quick facts, dated 2026-11-09
| Item | As of 2026-11-09 | Source |
|---|---|---|
| States with a medical cannabis program | 41 states, the District of Columbia and three territories (NCSL dates this count to June 26, 2025; table updated September 2, 2026) | NCSL |
| Medical program plus adult non-medical use | 24 states | NCSL table |
| Medical program, no adult non-medical use | 17 states | NCSL table |
| Not listed with any medical program | 9 states | NCSL table |
| Federal hemp total THC limit | 0.3% on a dry-weight basis, counting total THC including THCA | Congressional Research Service (CRS) |
| Final hemp products over the container limit | More than 0.4 milligrams of combined total THC per container is excluded | CRS |
| November 12, 2026 | Synthetic cannabinoids not capable of being naturally produced by a cannabis plant become marijuana under the Controlled Substances Act | CRS |
| December 11, 2026 | Effective date for most portions of the new hemp definition | CRS |
| Illinois Hemp Act lawsuit | Filed November 5, 2026; no ruling reported as of November 9 | NewsChannel 20 |
| FDA hemp lists | Due February 10, 2026; not published as of November 9 | Marijuana Moment |
What is a state cannabis program?
A state cannabis program is a medical cannabis program run by one state. Each state runs its own program and sets who qualifies, so program names, qualifying conditions and product limits differ from state to state, according to the NCSL state medical cannabis table.
Most U.S. states allow medical cannabis, and about half also allow recreational use for adults 21 and older, according to the MedlinePlus cannabis overview from the National Library of Medicine. The same page says recreational cannabis is still illegal under federal law.
Which states have no medical or recreational cannabis program?
NCSL’s table sorts states into three groups. The nine states in the last row are not listed with any medical program, so they are the states to check first if you are asking about any state program.
| Group in NCSL table | States | Count |
|---|---|---|
| Medical program and adult non-medical use | 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, Washington | 24 |
| Medical program, no adult non-medical use | Alabama, Arkansas, Florida, Georgia, Hawaii, Kentucky, Louisiana, Mississippi, Nebraska, New Hampshire, North Dakota, Oklahoma, Pennsylvania, South Dakota, Texas, Utah, West Virginia | 17 |
| Not listed with any medical program | Idaho, Indiana, Iowa, Kansas, North Carolina, South Carolina, Tennessee, Wisconsin, Wyoming | 9 |
NCSL’s table lists Georgia under SB 220 (2026), which replaced a previous low-THC program, and Texas under HB 46 (2025) as medical-only states. Ask your state health department about any recent change to its program.
Some of the nine may have narrower low-THC or CBD-only laws that the table does not list, so check the state’s own law or health department.
What about Illinois, Iowa, Mississippi and New Mexico?
| State | Medical program in NCSL table | Adult non-medical use in NCSL table |
|---|---|---|
| Illinois | Yes | Yes |
| Iowa | Not listed | Not listed |
| Mississippi | Yes | No |
| New Mexico | Yes | Yes |
Illinois is in NCSL’s group with both a medical program and adult non-medical use. Illinois dispensaries sold $14.6 million of medical cannabis products in October 2026, according to Illinois News Joint as cited by Marijuana Moment. Illinois is also the state where a hemp THC ban is now in court, covered below.
Iowa is not listed in NCSL’s table. Check the Iowa health department for any low-THC or CBD-only rules.
Mississippi is in NCSL’s medical-only group. Ask the Mississippi state health agency about program eligibility and rules.
New Mexico is in both groups: it has a medical program and allows adult non-medical use, per NCSL.
What happened with the federal hemp THC rules?
Hemp derivatives under 0.3 percent delta-9 THC on a dry-weight basis were federally legalized by the 2018 Farm Bill, according to Marijuana Moment. The FY2026 Agriculture appropriations law (P.L. 119-37, enacted November 12, 2025) then changed the hemp definition to total THC, including THCA, of not more than 0.3% on a dry-weight basis, according to the Congressional Research Service hemp definition brief.
The new definition excludes final products with more than 0.4 milligrams of combined total THC per container. Under the statute, a container is the innermost wrapping, packaging or vessel in direct contact with the final product, such as a jar, bottle, bag, box or cartridge. Excluded products are not hemp and fall under the Controlled Substances Act as marijuana as of the effective date, CRS says.
Congress delayed most of the change. The Continuing Appropriations and Extensions Act, 2027 (P.L. 119-103) passed September 2, 2026 and moves most portions to December 11, 2026. Synthetic cannabinoids that cannot be naturally produced by a cannabis plant become marijuana under the Controlled Substances Act on November 12, 2026, per CRS.
FDA was required to publish lists of cannabinoids and information about “container” within 90 days. The deadline was February 10, 2026. As of November 9, 2026, Marijuana Moment reports FDA had not published the lists or the container information. The Congressional Research Service legal sidebar notes the same delay.
Federal marijuana rescheduling is a separate track
In April 2026, Attorney General Todd Blanche issued an order that immediately reclassified state-licensed medical cannabis and FDA-approved marijuana products from Schedule I to Schedule III, according to Marijuana Moment. A separate DEA hearing on moving marijuana more broadly to Schedule III is still open. Final briefs were filed on November 5, 2026, before DEA Chief Administrative Law Judge Derek Julius issues a recommendation to the DEA administrator. No date for that recommendation or a final decision had been reported as of November 9, 2026. For what stays illegal at the federal level, see our rescheduled not legal guide.
Other state items reported this week by Marijuana Moment:
- The Massachusetts Senate approved an amended bill to let military veterans get medical cannabis without a doctor’s recommendation. It is not yet law as reported.
- A federal judge dismissed a lawsuit challenging Missouri’s new hemp THC restrictions.
- Kentucky Lt. Gov. Jacqueline Coleman announced more than 30,000 medical cannabis cardholders.
What are the key dates?
| Date | What happens | Source |
|---|---|---|
| February 10, 2026 | Deadline for FDA’s hemp lists; not published as of November 9 | Marijuana Moment |
| September 2, 2026 | Congress passes P.L. 119-103, delaying most of the new definition | CRS |
| November 5, 2026 | Illinois hemp businesses file for a temporary restraining order and preliminary injunction; DEA final briefs filed | NewsChannel 20; Marijuana Moment |
| November 12, 2026 | Illinois Hemp Act provisions set to take effect; federal synthetic cannabinoid provision starts | NewsChannel 20; CRS |
| December 11, 2026 | Federal effective date for most of the new hemp definition | CRS |
No ruling on the Illinois motion, and no DEA recommendation or decision date, had been reported as of November 9, 2026.
Is the Illinois hemp THC ban in effect?
The Illinois provisions are set to take effect on November 12, 2026. CBS Chicago reports that the law cracks down on unregulated cannabis products containing THC, including many popular drinks, and that state leaders say the ban protects consumers, particularly children, from misleading labels. CBS Chicago report on the lawsuit
On November 5, 2026, the Illinois Healthy Alternatives Association and hemp businesses filed an emergency motion for a temporary restraining order and preliminary injunction against Illinois officials, according to NewsChannel 20. The plaintiffs argue the law violates the U.S. Constitution’s Commerce Clause. Craig Kats of the association told CBS Chicago that most products in member stores are low potency and that customers are generally middle-aged and older adults, Army veterans and seniors using them for stress, anxiety or pain relief.
As of November 9, 2026, no ruling and no hearing date had been reported.
Could Congress or the courts change these dates?
Yes, both could. The House-passed FY2027 Agriculture appropriations bill (H.R. 8646) has no provision delaying the definition, according to CRS. Other bills would delay it two more years (H.R. 7024, H.R. 7010, S. 3686) or repeal the change (H.R. 6209). Marijuana Moment reports that several bipartisan bills to regulate hemp THC exist, and none has gained traction with congressional leadership.
Who does this affect?
- Shoppers of hemp-derived products. The federal hemp definition governs hemp-derived products, and your state may have its own rules. Our delta 9 legal states guide covers the state picture.
- Medical program patients. State-licensed medical programs are a separate, state-licensed channel from hemp-derived products. Ask your state health department how your program works.
- Workers in New Jersey. Senate Bill 4685 (introduced October 1, 2026 by Sen. Brian Stack) and identical Assembly Bill 5649 (introduced October 19 by Assemblyman Larry Wainstein) would create an exception for certain safety-sensitive workers. Both remain pending, and existing protections continue to apply until then. Forbes report on New Jersey bill describes the protections that now apply, including those for medical patients under the Jake Honig Compassionate Use Medical Cannabis Act.
- Commercial drivers. Under federal DOT drug testing rules, commercial drivers remain barred from marijuana regardless of state law, and DOT has reaffirmed this.
- Business owners. Hemp businesses in Illinois are the plaintiffs in the lawsuit described above. For a specific business question, ask an attorney.
Common mix-ups
| Common mix-up | What is true |
|---|---|
| A medical program means adult use is legal. | In NCSL’s table, 17 states have a medical program without adult non-medical use, and 24 have both. |
| A medical program covers hemp THC products. | Hemp-derived products and state-licensed medical programs are separate channels. |
| Rescheduling means marijuana is fully legal. | MedlinePlus says recreational cannabis is still illegal under federal law. The April 2026 order covers state-licensed medical cannabis and FDA-approved products, and the broader DEA move is still pending. |
| November 12 ends all hemp THC on that day. | November 12 covers synthetic cannabinoids that cannot be naturally produced by a cannabis plant. Most of the new definition takes effect December 11, 2026. |
| Only delta-9 THC counts toward the limit. | The new definition counts total THC, including THCA. CRS gives delta-8 THC as an example of other potentially intoxicating THC. |
Who should you ask in your state?
- Your state health department or state cannabis agency: eligibility and rules for the state’s medical program.
- Your state’s own law or health department: whether a low-THC or CBD-only law applies in your state.
- An attorney, your union or your state labor department: workplace questions, including the New Jersey bill.
- A clinician: whether a medical program fits your health situation.
Which questions settle your next step?
- Is my state in the medical and adult-use group, the medical-only group, or the not-listed group in NCSL’s table?
- Is the product I am asking about hemp under the federal definition, or a state-licensed medical product?
- Did a court block the Illinois provisions before November 12, 2026?
- Did Congress change the December 11, 2026 date after November 9, 2026?
- Which state agency runs the program I am asking about?
By HealthDataConsortium.org Research Team
