With 40 states already allowing medical cannabis, representing 80% of the entire nation, only a few holdouts remain.
From South Carolina, where lawmakers are reviving long-running medical cannabis proposals, to Wisconsin, where public and political pressure is mounting, campaigns and legislators are working to close the remaining gaps in access. With that in mind, below are the five states most likely to legalize medical cannabis in 2026.
South Carolina
The Compassionate Care Act has been introduced in the South Carolina Senate for the 2025-2026 session, continuing a years-long push to establish a comprehensive medical cannabis program. The proposal would allow patients with qualifying conditions to obtain medical cannabis through licensed physicians and a regulated dispensary system, while prohibiting smokable flower to address concerns raised by opponents.
The Senate has previously passed versions of the bill with bipartisan support, but each time it has stalled in the House, where leadership has been reluctant to bring it to a vote. Advocates say 2026 could be different, as public awareness has grown and patient groups—including veterans and families of children with chronic conditions—are pressing harder than ever. With bipartisan lawmakers publicly backing legalization and momentum building ahead of the 2026 session, South Carolina is positioned as one of the leading states that could finally approve medical cannabis.
Wisconsin
Wisconsin has seen growing support among both lawmakers and voters for medical cannabis. Democratic leaders have repeatedly introduced bills to establish a regulated program, and polling shows strong public backing. Governor Tony Evers has made recreational legalization part of his budget proposals, keeping pressure on the legislature. With rising momentum, Wisconsin could be one of the next states to adopt medical cannabis in 2026.
Kansas
Kansas remains one of the few states without a legal medical cannabis program, despite growing public support and repeated attempts by lawmakers to move the issue forward. The Kansas Medical Cannabis Act (SB 294), introduced in the current session and expected to be pushed by proponents heavily next year, would establish a regulated framework allowing for the cultivation, sale, distribution, and use of medical cannabis products for qualified patients. The proposal includes licensing for dispensaries, growers, and processors, along with a patient registry system managed by the state.
Previous versions of the bill have faced resistance in the Senate, particularly from leadership, but advocates note that momentum is building. Hearings held in 2025 brought together patients, medical professionals, and veterans’ groups, many of whom testified about the urgent need for access. With strong grassroots advocacy and the issue gaining bipartisan attention, Kansas is increasingly seen as a likely candidate to adopt medical cannabis legislation in 2026.
Georgia
Georgia already has a limited “low-THC oil” program under the Hope Act, but many patients and advocates want broader access: higher THC limits, alternative consumption methods, more qualifying conditions, and better regulatory infrastructure. Recent bills seek to make exactly those expansions, and lawmakers have flagged cannabis reforms as priorities for the 2026 session.
North Carolina
North Carolina has taken incremental steps toward reform, including the creation of a cannabis advisory council to study policy options, but full medical legalization has yet to pass. Bills introduced in recent years, such as the North Carolina Compassionate Care Act, would allow patients with qualifying conditions to access regulated medical cannabis through licensed dispensaries. Despite repeated delays in the House, support continues to grow, and lawmakers are expected to revisit the issue in 2026 with stronger momentum.
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