Is Cannabis / THC legal in United States?

Legal status

Split federal status: Schedule III in an FDA-approved product or under a state medical marijuana licence, Schedule I otherwise

Consequences if caught

Federal status is SPLIT and neither half is the whole answer. Most marijuana remains SCHEDULE I, listed as “Marihuana” at 21 CFR 1308.11(d) — DEA code 7360, with marihuana extract at 7350 and tetrahydrocannabinols at 7370. Every adult-use state market is federally Schedule I. Since 28 April 2026 a NARROW CLASS sits in SCHEDULE III at 21 CFR 1308.13(g): marijuana in an FDA-approved drug product, and marijuana subject to a state medical marijuana licence. The DEA has not yet assigned code numbers to those Schedule III entries, which the CFR still shows as XXXX. Broader rescheduling is an OPEN proceeding, not a decided question: a DEA hearing on moving marijuana to Schedule III began on 29 June 2026 and no final action has been published.

If prescribed or medical

An FDA-approved drug product containing marijuana is Schedule III and prescribable under Schedule III controls. Marijuana supplied under a state medical marijuana licence is also Schedule III federally, but state medical programmes are not FDA-approved prescribing and remain governed by state law.

Documentation

Federal scheduling is uniform across the United States. STATE LAW IS NOT, and the federal schedule is not the whole answer for any substance: states set their own offences, thresholds and penalties, and these differ substantially. This states the federal position only. Cannabis is the one substance where the federal schedule is not a single answer, and the position may change: the rescheduling proceeding is live.

Drug laws and enforcement change and vary within a country. This is not legal advice. Always confirm with United States’s embassy or official drug authority before traveling; penalties can be severe, including imprisonment.