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14 Marijuana Legalization Statistics: Public Support, State Laws, and Federal Status

How support for legal marijuana has changed, how many states have legalized, how many Americans live under legal access, and where federal rescheduling stands.

Written by The HerbyBud Editorial TeamReviewed by HerbyBud Standards Review · Internal accuracy & YMYL-compliance review
Last verified 2026-10-02

Legal cannabis has gone from a fringe idea to majority policy in a little over a decade. Gallup's long-running poll shows 64% of Americans now say marijuana use should be legal, and most people live in a state that allows it in some form. Federal law is finally moving too, though only partway. The statistics below track public support, how many states have legalized, how many Americans live under those laws, and where federal scheduling stands as of October 2026. For state-by-state rules, see our cannabis laws hub.

Key Takeaways

  • Support is broad but has cooled slightly. 64% of adults favored legal marijuana in October 2025, down from a peak of 70% in 2023.
  • Almost nobody wants a total ban. Pew found 88% of adults say marijuana should be legal for medical or recreational use; only 11% say it should not be legal at all.
  • 24 states allow recreational use. As of March 2026, 24 states plus DC had legalized adult-use marijuana, and 40 states had comprehensive medical programs.
  • Most Americans live under legal access. 74% of Americans live in a state where marijuana is legal for recreational or medical use.
  • Federal law changed for medical cannabis. A final rule effective April 28, 2026 moved state-licensed medical marijuana to Schedule III; all other marijuana remains Schedule I.
  • Broader rescheduling is still pending. The DEA hearing on moving all marijuana to Schedule III ended in July 2026 with no final decision announced as of late September.

Public support

1. 64% of Americans say marijuana should be legal

In Gallup's October 2025 poll, 64% of U.S. adults said marijuana use should be legal, while 33% said it should not. Support ranged between 68% and 70% from 2020 to 2024, so the latest reading is the lowest since 2019.

2. Support has risen more than fivefold since 1969

When Gallup first asked the question in 1969, only 12% of Americans favored legalization. Support first reached 50% in 2011 and peaked at 70% in 2023.

3. The recent dip is driven by Republicans

Support among Republicans fell 13 points in a year, to 40%, their lowest level in a decade. Democrats (85%) and independents (66%) remain strongly in favor at levels similar to recent years.

Share of U.S. adults who say marijuana should be legal (%)
1969 12%
1995 25%
2005 36%
2013 58%
2023 70%
2025 64%
Source: Gallup ↗

4. 88% support legal marijuana in some form

Pew Research Center's January 2024 survey of 5,140 adults found that 57% say marijuana should be legal for both medical and recreational use, 32% say medical use only, and just 11% say it should not be legal at all.

5. The oldest adults are the least supportive

Only 31% of adults aged 75 and older favor legal medical and recreational use, compared with half of those aged 65 to 74 and larger shares of younger adults.

6. Half of Americans say legalization helps local economies

52% of adults say legal recreational marijuana is good for local economies, compared with 17% who say it is bad and 29% who say it has no impact. Views on community safety are more mixed: 34% say it makes communities less safe and 21% say safer.

How Americans say marijuana should be legal, 2024 (%)
88% LEGAL IN SOME FORM
  • Legal for medical and recreational use57
  • Legal for medical use only32
  • Not legal at all11

State laws

7. 24 states have legalized recreational marijuana

As of March 1, 2026, 24 states, the District of Columbia, Guam, and the Northern Mariana Islands allowed recreational marijuana use by adults, according to the Congressional Research Service. Colorado and Washington were first, in 2012.

8. 40 states have comprehensive medical programs

40 states, DC, Puerto Rico, Guam, and the U.S. Virgin Islands have comprehensive medical marijuana laws. Eight more states allow only limited-access programs for low-THC cannabis or CBD oil. Our medical marijuana statistics cover patient counts.

9. Only two states allow no form of medical cannabis

Idaho and Kansas (along with American Samoa) do not allow medical marijuana or low-THC cannabis in any form. Every other state has at least a limited program.

Number of states by cannabis law type, March 2026 (categories overlap)
Comprehensive medical 40
Recreational (adult use) 24
Limited low-THC/CBD only 8
No program 2

10. 54% of Americans live in a recreational state

A Pew Research Center analysis found that 54% of Americans live in a state where recreational marijuana is legal, just over a decade after the first states legalized.

11. 74% live where some form of marijuana is legal

Counting medical programs, 74% of Americans live in a state where marijuana is legal for recreational or medical use.

12. 79% live in a county with a dispensary

79% of Americans have at least one cannabis dispensary in their county, and Pew counted nearly 15,000 dispensaries nationwide. One in five dispensaries is within 20 miles of a state border. Browse licensed shops in our dispensary directory.

Share of Americans living under legal cannabis access (%)
Live in recreational state 54%
Live in rec. or medical state 74%
Dispensary in their county 79%

Federal status

13. State-licensed medical marijuana became Schedule III in April 2026

A Justice Department final rule, effective April 28, 2026, placed marijuana covered by a state medical marijuana license, and marijuana in drug products approved by the FDA, in Schedule III of the Controlled Substances Act. The rule says state medical licensees are no longer subject to the Section 280E tax deduction ban. Marijuana outside those categories, including adult-use cannabis, remains in Schedule I.

14. The broader rescheduling decision is still pending

A new DEA administrative hearing on moving all marijuana to Schedule III ran for 11 hearing days from June 29 to July 15, 2026, and post-hearing briefs were due August 17. As of September 21, 2026, no recommended or final decision had been published. The original 2024 proposal drew nearly 43,000 public comments, more than 90% favoring rescheduling or full descheduling. See our federal cannabis law page for what each schedule means.

What it means for consumers

Public opinion has largely settled: most Americans want marijuana legal, and most already live where it is. The law has not fully caught up, which leaves real gaps for consumers:

  • State law still decides what you can buy. Recreational, medical-only, and limited-access states have very different rules. Check your state's cannabis laws before you buy or travel.
  • Federal rescheduling is partial. Only state-licensed medical marijuana moved to Schedule III. Adult-use cannabis is still federally illegal, which matters for traveling with cannabis.
  • Medical cards may matter more now. The April 2026 rule handles state-licensed medical marijuana differently from adult-use products under federal law.
  • Watch for change. The broader DEA decision could arrive at any time, and we update this page as it does.

Frequently Asked Questions

What percentage of Americans support legal marijuana?

64% of U.S. adults said marijuana should be legal in Gallup's October 2025 poll. Pew's 2024 survey found that 88% support legal marijuana for medical or recreational use, with 57% backing both and 32% backing medical use only.

How many states have legalized recreational marijuana?

As of March 1, 2026, 24 states plus DC, Guam, and the Northern Mariana Islands had legalized recreational marijuana. Forty states had comprehensive medical programs, and eight more allowed limited low-THC programs.

Is marijuana still illegal under federal law?

Mostly. A final rule effective April 28, 2026 moved state-licensed medical marijuana and marijuana in drug products approved by the FDA to Schedule III. All other marijuana, including recreational cannabis, remains a Schedule I controlled substance while the DEA considers broader rescheduling.

How many Americans live in a state with legal marijuana?

Pew Research Center found that 54% of Americans live in a state with legal recreational marijuana, 74% live where it is legal for recreational or medical use, and 79% live in a county with at least one dispensary.

Sources

How we verify →

NOTE Informational only — not legal advice. Cannabis laws change frequently and vary by jurisdiction. Verify current rules with your state or a licensed attorney. Last reviewed 2026-10-02.