As of early 2026, more than half of the country (25 states and D.C.) has legalized marijuana for both recreational and medical consumption. An additional 23 states permit medical cannabis (eight allow only CBD though), and one state has decriminalized marijuana despite not having legalized it even medicinally. Only two states won’t budge on the issue: Idaho and Kansas.
In those states, cannabis is fully illegal in every form and criminalized. What makes these states so different? And does marijuana have any future in any of them? Read on to find out.
Idaho
Marijuana Policy Project labels Idaho the “most anti-cannabis state,” and the state has a reputation for having the harshest penalties for marijuana-related offenses. For example, as IdahoCannabis.org reports, if you are caught in possession of 1 pound of marijuana, Idaho considers it trafficking, and you can be fined up to $50,000 and/or imprisoned for up to 15 years. Also, selling or manufacturing marijuana paraphernalia results in a $30,000 fine and/or up to nine years in prison.
With that kind of system in place, it’s not surprising that all attempts – and there have been many – to get marijuana legalized for medicinal use have failed. Even when the Idaho legislature passed a law legalizing cannabidiol (CBD) with up to 0.3% THC (the federal government’s standard), the state’s governor vetoed it, revoking the people’s mandate.
Former Idaho Governor C.L. “Butch” Otter overturned a vote legalizing CBD containing up to 0.3% THC, even though that amount is legal under federal law. Photo credit: Master Sgt. Becky Vanshur, Public domain, via Wikimedia Commons
Now, state legislators have passed a resolution (HJR004) that will put an end to any further grassroots attempts to establish medical marijuana. If voted into law in November 2026, it will amend Idaho’s constitution such that only the state’s legislature can legalize the growing, producing, manufacturing, transporting, selling, delivering, dispensing, administering, prescribing, distributing, possessing or use of marijuana.
Joining HJR004 on the ballot could be two pro-cannabis initiatives though: the Idaho Medical Cannabis Act and the Decriminalize Cannabis Now Initiative. Those will require a lot of support from Idahoans, as more than 71,000 very specific signatures are needed by April 30 for each one to make it to the ballot. If they don’t make it to the ballot, and if HJR004 passes into law, voters will lose their voices (i.e., the popular vote) on this matter indefinitely.
If you are a registered voter in Idaho and support the Idaho Medical Cannabis Act, click here for a list of places where you can add your signature and help get this on the ballot. Photo by cottonbro studio / pexels.com
Legislators in Idaho might be keeping cannabis illegal and criminalized simply because they’re sticking with the federal government’s policies on cannabis. According to IdahoCannabis.org:
“Idaho is hesitant to legalize cannabis because there is currently no accepted medical use at the federal level. Idaho’s position is that the marijuana plant components be properly evaluated by the same scientific process through which the Food and Drug Administration (FDA) tests every legal medication in the country.”
However, Idaho’s attorney general voiced opposition to President Trump’s proposal to reschedule marijuana as a Schedule III controlled substance. Thus, Idaho can’t be expected to relax its own laws even if the federal government does so first. In a place where something as benign as natural CBD (synthetic CBD can be manufactured to contain 0% THC, so unnatural CBD is legal) is treated like heroin and crack, marijuana has a bleak future at best.
Kansas
Legal Environment
Kansas has a staunch 0% THC policy, making it stricter than even the U.S. government, whose laws permit up to 0.3% THC in cannabis-derived products, such as cannabidiol (CBD). (For legal purposes, the government calls it “hemp” instead of “marijuana,” but even the government acknowledges that hemp is just cannabis by another name.) The only wiggle room is for people with state-recognized debilitating medical conditions who are caught with CBD that has no more than 5% THC. Per Senate Bill 28, they’re granted “affirmative defense” (i.e., allowed to contest the charge in court) if they can round up all the requisite articles of self-defense.
For additional perspective, here’s a telling turn of events. Even when Kansas’ cannabis laws were relaxed by Senate Bill 414 in 2024, they still resulted in sending first-time offenders to prison for up to six months and fining them up to $1,000. Worse, however, per House Bill 2547, if your offense is the possession of paraphernalia, you get up to a year in prison and a fine of up to $2,500. In other words, if you get caught simply owning a bong, you could spend a full year of your life behind bars. And once you get out of prison, given that your record will almost certainly not be expunged, you’ll have a very hard time ever getting a job and a place to live again, too.
A 2020 research report by the American Civil Liberties Union (ACLU) found that arrests in Kansas for the possession of marijuana made up 52% of all drug arrests in the state. Photo by Kindel Media / pexels.com
Public Opinion
At the grassroots level, most Kansans favor legalizing marijuana in part or in whole. The 2025 edition of the statewide public opinion survey “Kansas Speaks” asked respondents how much they supported or opposed legalizing medical marijuana (Question 27) or recreational marijuana (Question 28). The survey found:
- Medical: 70.4% of respondents strongly or somewhat support legalizing medical marijuana in general, and 14.2% opposed.
- Recreational: 58.8% of respondents strongly or somewhat support legalizing recreational marijuana in general, and 24.5% opposed.
Interestingly, when asked for their opinion about legalizing recreational marijuana with the phrase “in general” substituted with “to allow taxation” (Question 25), even more Kansans were on board: 64.8% of respondents supported legalizing recreational marijuana for individuals 21 and older to allow state taxation, and 19.2% opposed.
Accordingly, you’d think that the state’s legislators would be equally moved to take a chance on weed simply for the sake of raking in cash, no? And yet they aren’t (unless you count the state’s absurd marijuana tax stamp), or at least the Republicans aren’t anyhow. With their supermajority, their opinion is the only one that actually matters, so they basically dictate marijuana’s fate. Only 23 of the 125 house representatives are Democrats, and only nine of the 40 senators are Democrats. The Democrats in Kansas’ house and senate are the ones pushing for reform, against those odds. They’ve been pursuing that objective for over 10 years now, with very little to show for it.
Kansas isn’t the only state that taxes you on something you’re not even allowed to have in the first place, as we cover in “Mandatory Tax on Street Weed! To Pay (or Not to Pay)?”.
And it’s not just the state legislature that’s at odds with Kansans’ public opinion on marijuana; the state’s law enforcement agencies are too. The Kansas Bureau of Investigation and Kansas Office of the Attorney General are among the loudest voices raised against legalizing any kind of marijuana.
Of note, Kansan traffic cops are notorious for using marijuana as a pretext for conducting unconstitutional searches – a practice so common it has a cute nickname: the Kansas Two-Step. The ACLU describes it:
“The Kansas Two-Step is a tactic employed by troopers of the Kansas Highway Patrol to complete a traffic stop, then re-engage the driver in conversation in an effort to begin a consensual interaction for additional questioning. The objective of the questioning is to develop reasonable suspicion in order to extend the detention of the driver, search the car, or call a drug dog to sniff the car for contraband.”
So, even though 7 in 10 Kansans want medical marijuana and roughly 3 in 5 want recreational marijuana, that amounts to nothing. The state’s governor, house, senate and most powerful law enforcement agencies want marijuana to stay 100% illegal. So far, they’ve gotten their wish.
A public opinion survey published in October 2025 revealed that 7 in 10 Kansans want medical marijuana legalized, and roughly 3 in 5 want recreational marijuana legalized. Photo by Leyla M on Unsplash
Potential Pro-marijuana Legislation
The outcomes of six bills have yet to be decided – at least officially. As 27 News reports, out of the 51 bills and resolutions introduced from 2015 to 2025 on marijuana reform, over half (29) received little or no action at all in the Kansas state legislature.
If you’re fed up with marijuana reform being left to starve to death in your state House and Senate, tell senators Mike Thompson and Ty Masterson that they need to take action on these bills! Use Marijuana Policy Project’s form to reach Thompson and Masterson directly here. Photo by Birk Enwald on Unsplash used for illustrative purposes only.
The U.S. government uses that same technique of starving pro-marijuana bills to death instead of killing them outright. A great example is the Cannabis Administration and Opportunity Act (S.4591), which, if passed into law, decriminalizes cannabis and removes it from scheduling under the Controlled Substances Act. The last time action was taken on that bill was when it was first introduced, read twice and referred to the Committee on Finance: July 21, 2022. Officially, it’s still in the fight; in practice, it lost the fight on July 21, 2022.
Medical Marijuana
HB 2678: If passed into law, House Bill 2678 enacts the Kansas Medical Cannabis Act to authorize the cultivation, processing, distribution, sale and use of medical cannabis and medical cannabis products. It was introduced and referred to the Committee on Federal and State Affairs on Feb. 4, 2026, roughly one year after the Senate’s version (see below) was introduced and put on the backburner. On March 16, it was withdrawn from that committee and referred to the Committee on Interstate Cooperation. As of April 23, it has received no further action.
SB 294: If passed into law, Senate Bill 294 enacts the Kansas Medical Cannabis Act that authorizes the cultivation, processing, distribution, sale and use of medical cannabis and medical cannabis products. It was introduced on March 6, 2025, and referred to the Committee on Federal and State Affairs the next day. As of April 23, 2026, it has received no further action.
HB 2354: If passed into law, House Bill 2354 provides an exception to the crime of unlawful possession of controlled substances for residents of Kansas who possess marijuana and are disabled veterans with a valid medical marijuana card issued by any state. It was introduced and referred to the Committee on Judiciary on Feb. 7, 2025. As of April 23, 2026, it has received no further action.
Decriminalization
SB 295: If passed into law, Senate Bill 295 removes the criminal penalties for possession of a personal-use quantity of marijuana and creates a civil penalty for possession of a personal-use quantity of marijuana. It was introduced on March 11, 2025, and referred to the Committee on Federal and State Affairs the next day. As of April 23, 2026, it has received no further action.
If you support decriminalizing marijuana, tell your elected lawmakers! Marijuana Policy Project has a user-friendly, fast way to do that here. Photo by Ann H / pexels.com
Legalization
HB 2679: If passed into law, House Bill 2679 enacts the Adult Use Cannabis Regulation Act to regulate the cultivation, manufacturing, possession and sale of cannabis in Kansas. It was introduced and referred to the Committee on Federal and State Affairs on Feb. 4, 2026, nearly one year after the first attempt (see below) was implicitly shelved. On March 16, it was withdrawn from that committee and referred to the Committee on Interstate Cooperation. As of April 23, it has received no further action.
HB 2405: If passed into law, House Bill 2405 enacts the Adult Use Cannabis Regulation Act to regulate the cultivation, manufacturing, possession and sale of cannabis in Kansas. It was introduced and referred to the Committee on Federal and State Affairs on March 10, 2025. As of April 23, it has received no further action.
These bills are technically still in the running, but nothing will happen unless Kansan lawmakers are incentivized to actually make a decision on them – even if it’s a refusal to pass them. By simply ignoring the bills, they doge being held accountable for turning their back on the people they’re purportedly representing. For the foreseeable future, they can go on making decisions that determine some Kansans’ entire lives, even if it means wrecking them with impunity.
Conclusion
Imagine being the last two holdouts in a country that’s otherwise speeding toward the Age of Enlightenment in cannabis consumption! Hopefully, things will change as pending legislation continues to fight the good fight in each state, trying to give the people what they’ve made clear they want. Only time will tell.
Kathleen Hearons is a writer, editor, linguist and voice over actor from Los Angeles. She specializes in creative writing and research-intensive analysis and reporting.
Note: An earlier version of this article appeared as two articles, one per state, and claimed that four states refused to legalize/decriminalize marijuana. That has been corrected in this combined article.
The information in this article and any included images are for educational purposes only. This information is neither a substitute for, nor does it replace, professional legal advice or medical advice, diagnosis or treatment. If you have any concerns or questions about laws, regulations or your health, you should always consult an attorney, physician or other licensed professional.
Sources & Suggested Reading
7 USC Chapter 38, Subchapter VII: Hemp Production. U.S. Legislature. Accessed March 14, 2026. https://uscode.house.gov/view.xhtml?path=/prelim@title7/chapter38/subchapter7&edition=prelim.
“10th Circuit Court of Appeals Declares Kansas Highway Patrol’s Practices Unlawful.” ACLU Kansas. Jan. 29, 2026. Accessed March 15, 2026. https://www.aclukansas.org/press-releases/10th-circuit-court-of-appeals-declares-kansas-highway-patrols-practices-unlawful/.
2024 Session Laws of Kansas – Chapter 67: House Bill 2547. Kansas Secretary of State. Accessed March 14, 2026. https://www.sos.ks.gov/publications/sessionlaws/2024/Chapter-67-HB-2547.html.
2024 Session Laws of Kansas – Chapter 96: Senate Bill 414. Kansas Secretary of State. Accessed March 14, 2026. https://sos.ks.gov/publications/sessionlaws/2024/Chapter-96-SB-414.html.
2024 Special Committee on Medical Marijuana Research Requests from the October 18 and 28 Meetings. Kansas Legislative Research Department. Dec. 6, 2024. Accessed March 15, 2026. https://kslegislature.gov/li_2024/b2023_24/committees/ctte_spc_2024_on_marijuana_1/documents/testimony/20241028_34.pdf.
“Cannabidiol (CBD).” Idaho Office of Drug Policy. Accessed Feb. 27, 2026. https://odp.idaho.gov/issues-trends/cbd/.
Carpenter, David H., et al. “The Evolution of Marijuana as a Controlled Substance and the Federal-State Policy Gap.” CRS. April 7, 2022. Accessed March 14, 2026. https://www.congress.gov/crs-product/R44782.
Chung, Rebekah. “Will 2024 be the year Kansas legalizes weed? Here’s where Top GOP senator stands.” ksnt.com. Last updated Jan. 29, 2024. Accessed March 14, 2026. https://www.ksnt.com/capitol-bureau/will-2024-be-the-year-kansas-legalizes-weed-heres-where-top-gop-senator-stands/.
Cutler, Sarah. “Idaho attorney general challenges Trump stance on marijuana risk.” Idaho Statesman. Last updated Dec. 19, 2025. Accessed Feb. 27, 2026. https://www.idahostatesman.com/news/politics-government/state-politics/article313837820.html.
Day, Brayden. “Kansas Democrats introduce new round of marijuana legalization bills, but face an uphill battle.” ksnt.com. Last updated Feb. 25, 2026. Accessed March 13, 2026. https://www.ksnt.com/capitol-bureau/kansas-democrats-introduce-new-round-of-marijuana-legalization-bills-but-face-an-uphill-battle/.
Edwards, Ezekiel, et al. “A Tale of Two Countries: Racially Targeted Arrests in the Era of Marijuana Reform.” American Civil Liberties Union. 2020. Accessed March 14, 2026. https://www.mpp.org/assets/pdf/issues/criminal-justice/tale_of_two_countries_racially_targeted_arrests_in_the_era_of_marijuana_reform.pdf.
“Expungement: Removing the Lifelong Stigma Caused by Cannabis Prohibition.” Marijuana Policy Project. Accessed March 15, 2026. https://www.mpp.org/issues/criminal-justice/expungement-removing-lifelong-stigma-caused-marijuana-prohibition/.
Favorito, AJ. “HHS Recommends Marijuana Be Deregulated to Schedule III.” Head Magazine. Accessed Feb. 27, 2026. https://headmagazine.com/hhs-recommends-marijuana-be-deregulated-to-schedule-iii/.
HB 2678. Kansas State Legislature. Accessed March 14, 2026. https://www.kslegislature.gov/li/b2025_26/measures/hb2678/.
HB 2679. Kansas State Legislature. Accessed March 14, 2026. https://www.kslegislature.gov/li/b2025_26/measures/hb2679/.
Hearons, Kathleen. “Mandatory Tax on Street Weed! To Pay (or Not to Pay)?.” Head Magazine. Accessed March 15, 2026. https://headmagazine.com/mandatory-tax-on-street-weed-to-pay-or-not-to-pay/.
Hearons, Kathleen. “Marijuana and the Americans with Disabilities Act: How Does the Controlled Substances Act Affect Disabled Americans?.” Head Magazine. Accessed March 15, 2026. https://headmagazine.com/marijuana-and-the-americans-with-disabilities-act-how-does-the-controlled-substances-act-affect-disabled-americans/.
Hearons, Kathleen. “The Illogic of Illegal Weed: A Comprehensive Analysis.” Head Magazine. Accessed Feb. 27, 2026. https://headmagazine.com/the-illogic-of-illegal-weed-a-comprehensive-analysis/.
Higgins, Molly. “In Kansas, Cannabis Remains Completely Illegal – And Kansans Are Paying The Price.” Kansas City. Accessed March 15, 2026. https://kansascitymag.com/in-kansas-cannabis-remains-completely-illegal-and-kansans-are-paying-the-price/.
H.R.2 – Agriculture Improvement Act of 2018. 115th U.S. Congress (2017-2018). Dec. 20, 2018. Accessed Feb. 28, 2026. https://www.congress.gov/bill/115th-congress/house-bill/2.
ID HJR004. Idaho Legislature. Accessed Feb. 27, 2026. https://www.billtrack50.com/billdetail/1850881/.
“Idaho.” Marijuana Policy Project. Accessed Feb. 27, 2026. https://www.mpp.org/states/idaho/.
“Idaho Cannabis Information Portal.” IdahoCannabis.org. Accessed Feb. 27, 2026. https://idahocannabis.org/.
“Idaho Marijuana Laws.” IdahoCannabis.org. Accessed Feb. 27, 2026. https://idahocannabis.org/laws.
“Idaho Medical Cannabis Act.” Natural Medicine Alliance of Idaho. Accessed Feb. 27, 2026. https://www.naturalmedicinealliance.com/.
“Idaho Medical Cannabis Act: 2026 Initiative Summary.” Marijuana Policy Project. Accessed Feb. 27, 2026. https://www.mpp.org/states/idaho/idaho-medical-cannabis-act-2026-initiative-summary/.
“Initiatives and Amendments.” Vote Idaho, Idaho Secretary of State Phil McGrane. Accessed Feb. 27, 2026. https://voteidaho.gov/initiatives-amendments/.
“Kansas.” Marijuana Policy Project. Last updated March 5, 2026. Accessed March 14, 2026. https://www.mpp.org/states/kansas.
Kansas Cannabis Chamber of Commerce. Accessed March 14, 2026. https://www.kansascannabischamber.com/.
Kansas Cannabis Coalition. Accessed March 14, 2026. https://kansascannabiscoalition.com/.
Kansas House Committee on Interstate Cooperation. Kansas Legislature. Accessed April 23, 2025. https://www.kslegislature.gov/li/b2025_26/committees/ctte_h_int_coop_1/.
Kansas House Committee on Judiciary. Accessed March 15, 2026. https://www.kslegislature.gov/li/b2025_26/committees/ctte_h_jud_1/.
“Kansas Marijuana Laws.” KansasStateCannabis.org. Accessed March 13, 2026. https://kansasstatecannabis.org/laws.
“Kansas: Please help us request a bill hearing from the Senators Mike Thompson and Ty Masterson.” Marijuana Policy Project. Accessed March 14, 2026. https://act.mpp.org/a/ks-leadership-medical-cannabis-1.
Kansas Senate Committee on Federal and State Affairs. Accessed March 15, 2026. https://kslegislature.gov/li/b2025_26/committees/ctte_s_fed_st_1/.
“Kansas Speaks: Fall 2024 Statewide Public Opinion Survey.” The Docking Institute of Public Affairs, Fort Hays State University. October 2024. Accessed March 14, 2026. https://www.fhsu.edu/docking/Kansas-Speaks/2024-kansas-speaks-report-final.10.28.24.v3-corrected-final-bullet-in-exec-sum-to-now-compare-2024-and-2023-results2.pdf.
“Kansas Speaks: Fall 2025 Statewide Public Opinion Survey.” The Docking Institute of Public Affairs, Fort Hays State University. October 2025. Accessed March 14, 2026. https://www.fhsu.edu/docking/Kansas-Speaks/2025-kansas-speaks-report_final-10-27-20251.pdf.
KS HB2405. BillTrack*50*. Accessed 14, 2026. https://www.billtrack50.com/billdetail/1859096/28939.
KS SB294. BillTrack*50*. Accessed March 14, 2026. https://www.billtrack50.com/billdetail/1856240/28939.
K.S.A. 79-5204 (Marijuana Stamp Tax). Kansas Office of Revisor of Statues. Accessed March 15, 2026. https://ksrevisor.gov/statutes/chapters/ch79/079_052_0004.html.
“Marijuana Legality by State.” DISA Global Solutions. Accessed Feb. 27, 2026. https://disa.com/marijuana-legality-by-state/.
Nelson, Andrew J. “10th Circuit flags ‘Kansas two-step’ traffic cop trick as unconstitutional.” Courthouse News Service. Jan. 29, 2026. Accessed March 15, 2026. https://www.courthousenews.com/10th-circuit-flags-kansas-two-step-traffic-cop-trick-as-unconstitutional/.
“Otter vetoes marijuana extract oil bill.” Idaho Statesman. Last updated April 17, 2015. Accessed Feb. 27, 2026. https://www.idahostatesman.com/news/politics-government/state-politics/article40853778.html.
Robinson, Colter. “Two marijuana bills introduced at Kansas statehouse.” ksnt.com. Last updated March 12, 2025. Accessed March 14, 2026. https://www.ksnt.com/capitol-bureau/two-marijuana-bills-introduced-at-kansas-statehouse/.
S.4591, Cannabis Administration and Opportunity Act. U.S. Congress. Accessed March 15, 2026. https://www.congress.gov/bill/117th-congress/senate-bill/4591.
SB 28. Kansas State Legislature. Accessed March 14, 2026. https://kslegislature.gov/li_2020/b2019_20/measures/sb28/.
SB 294. Kansas State Legislature. Accessed March 13, 2026. https://www.kslegislature.gov/li/b2025_26/measures/sb294/.
Self, Matthew. “Why legalizing weed in Kansas isn’t working.” ksnt.com. Last updated April 15, 2025. Accessed March 13, 2026. https://www.ksnt.com/capitol-bureau/why-legalizing-weed-in-kansas-isnt-working/?ipid=ksnt1.
“Sign the Petition.” Natural Medicine Alliance of Idaho. Accessed Feb. 27, 2026. https://www.naturalmedicinealliance.com/sign-the-petition.
Thornbrugh, Kaye. “Medical cannabis initiative gathers 45,000 signatures.” Coeur d’Alene Press. Feb. 2, 2026. Accessed Feb. 27, 2026. https://cdapress.com/news/2026/feb/02/medical-cannabis-initiative-gathers-45000-signatures/.
Title 34: Elections, Chapter 18: Initiative and Referendum Elections. Idaho Legislature. Accessed Feb. 27, 2026. https://legislature.idaho.gov/statutesrules/idstat/Title34/T34CH18/SECT34-1805/.
“Urge Your State Legislators to Stop Jailing Cannabis Consumers!.” Marijuana Policy Project. Accessed March 14, 2026. https://act.mpp.org/a/ks-hro-action.
“Urge your state legislators to support marijuana decriminalization!.” Marijuana Policy Project. Accessed March 14, 2026. https://www.mpp.org/takeaction/actions/urge-your-state-legislators-to-support-marijuana-decriminalization/.
“What Should I Do if I’m Charged With Marijuana Possession in Kansas?.” Henderson Legal Defense, LLC. Nov. 25, 2025. Accessed March 15, 2026. https://hldfirm.com/kansas-marijuana-possession-lawyer/.
Winters, Jackee, and Joseph Evans. “Decriminalize Cannabis Now Initiative.” Aug. 16, 2024. Accessed Feb. 27, 2026. https://sos.idaho.gov/elections/initiatives/2026/DCN.pdf.
