Recently we published an article titled States Most Likely to Legalize Cannabis in 2025. In this article, we’ll cover the states most likely to legalize cannabis next year.
Currently 24 states have legalized recreational marijuana, with at least three states on track to become the 25th this year. Based on the current political environment, below are the states most likely to legalize marijuana in 2026.
Florida
Last month, Smart & Safe Florida reignited its campaign to legalize recreational marijuana by filing a new ballot initiative aiming for the 2026 ballot. This initiative mirrors the previous Amendment 3, which garnered nearly 56% approval in the November 2024 election but fell short of the 60% threshold required for constitutional amendments.
The proposed amendment would legalize marijuana and related products for those 21 and over, while retaining the prohibition on public consumption. It also authorizes Medical Marijuana Treatment Centers to cultivate and distribute marijuana to adults and calls for licensing new non-medical marijuana businesses.
According to new polling released last week, 67% of voters in Florida support legalizing recreational cannabis.
West Virginia
This week, Delegate Sean Hornbuckle introduced House Joint Resolution 27 to the West Virginia Legislature. This resolution proposes a constitutional amendment to legalize the possession of up to two ounces of cannabis and the personal cultivation of up to four plants for adults aged 21 and over. If approved by the Legislature, the proposal would be placed on the 2026 general election ballot for voter consideration.
The resolution also includes provisions for individuals with prior convictions for possessing small amounts of cannabis to seek expungement of their records. The bipartisan support for this measure reflects a growing momentum toward legalization in the state. Proponents are hopeful that if lawmakers aren’t ready to take the jump and legalize cannabis themselves, they may at least be willing to put it in the hands of voters.
Hawaii
Hawaii has made significant strides toward cannabis legalization. In 2024, the state Senate passed a bill to legalize recreational marijuana, allowing adults to possess up to one ounce and cultivate up to six plants. Although the bill stalled in the House Finance Committee after being approved by three other House committees, and despite a legalization bill filed this session being put on hold, proponents remain optimistic. Governor Josh Green has expressed support for legalization, and advocates are planning for a considerable push in 2026 to finally get legalization enacted.
South Dakota
South Dakota voters approved adult-use marijuana in 2020, but the measure was struck down by the state Supreme Court after a legal challenge from Governor Kristi Noem. In the November 2024 election, a similar measure that was designed to address the court’s issues was rejected by voters, but did receive a commendable 47% support. Now, supporters of legalization are considering a new initiative in hopes of putting it to a vote in 2026.
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