Efforts to legalize recreational marijuana continue to gain momentum across the country, with several states on the cusp of becoming the next to join the 24 that have already embraced legalization.
Whether through legislative action or ballot initiatives, the states listed below stand out as the most likely to legalize marijuana in the near future. Whichever state is next, they will become legal cannabis state #25, marking half of the entire country.
Pennsylvania
During his recent budget address, Governor Josh Shapiro urged lawmakers to pass a bill allowing adult-use marijuana while also expunging past convictions for minor possession offenses. With neighboring states like Maryland and Ohio already legalizing, pressure is mounting for Pennsylvania to follow suit. Legislative leaders have expressed optimism that a bipartisan agreement could be reached this session, especially with recent polling showing strong public support at 68% among likely voters.
New Hampshire
New Hampshire’s House recently passed a bill to legalize marijuana, but the measure faces challenges in the Senate. The state has historically been hesitant to move forward, but shifting political dynamics suggest a legalization bill could gain traction in the coming year. Governor Kelly Ayotte has opposed legalization, but advocates hope that strong legislative backing may push her to allow a bill to pass without her signature, especially given she hasn’t explicitly said she would veto the bills currently under consideration. Recent polling indicates that 65% of voters in the state favor legalizing cannabis.
Wisconsin
Governor Tony Evers has included marijuana legalization in his latest budget proposal, renewing efforts to regulate and tax cannabis similarly to alcohol. Bipartisan legislation has been introduced in both the Senate and Assembly that would allow adults to possess up to two ounces and grow up to six plants. While previous attempts have stalled, growing public demand and shifting political attitudes could create a pathway for legalization in Wisconsin in the near future.
Florida
After receiving over 50% support but failing to reach the 60% threshold required for passage in 2024, legalization advocates in Florida have refocused efforts on a 2026 ballot initiative. The proposal, again put forth by Smart & Safe Florida, would legalize marijuana for those 21 and older including establishing a taxed, regulated and licensed system of marijuana businesses. Recent polling suggests that 67% of Florida voters support legalization, putting the measure in a strong position if it reaches the ballot again.
West Virginia
A proposed constitutional amendment introduced in the Legislature could allow West Virginia voters to decide on legalization in 2026. The measure would allow everyone 21+ to possess up to two ounces, purchasble via licensed marijuana stores, and grow up to four plants at home. It also includes expungement provisions for individuals with prior low-level marijuana convictions. While legislative approval remains a hurdle, bipartisan support has increased, making the likelihood of a public vote on legalization higher than in previous years.
Hawaii
Hawaii has come close to legalizing marijuana multiple times, with the Senate passing a legalization bill in 2024 before it stalled in the House. Governor Josh Green has indicated support for legalization, and advocates are preparing a strong push to get a bill passed in 2026. With continued public support and legislative momentum, Hawaii remains one of the top contenders for becoming the 25th legal marijuana state.
South Dakota
South Dakota voters approved recreational marijuana in 2020, only for the measure to be struck down by the state Supreme Court. A follow-up effort in 2024 fell short at the ballot box but still received 47% support. Advocates are already working on another initiative for 2026, believing that shifting public attitudes and better ballot language could finally secure legalization.
