Cannabis Legalization After the 2026 Elections: What’s Next?

Cannabis After the 2026 Midterm Elections: Which States Could Legalize Next? 

The 2026 midterm elections are over, and while no new states voted to legalize recreational marijuana, the results could still have a major impact on the cannabis industry. 

Several states that have struggled to pass legalization bills for years will enter 2027 with new governors, new legislative leadership, or both. Meanwhile, the Trump administration has made progress on federal medical marijuana rescheduling, even as broader legalization remains unresolved. 

So, where does the cannabis industry stand heading into 2027? And which states could be next to legalize marijuana? 

Here’s a breakdown of what happened, what’s changing, and what it could mean for the future of cannabis in the United States. 

Where the industry stands today 

Currently, 24 states and Washington, D.C., allow recreational marijuana use for adults, while additional states permit medical marijuana under varying restrictions. However, cannabis is still not federally legal for recreational use, even in states where dispensaries operate legally. 

The legal industry is mature and under real pressure. A legislative brief on cannabis regulatory agencies describes the first year-over-year sales decline since legal markets launched, which it blames on oversupply, price compression, 280E tax strain, and illicit-market competition. Trade-press estimates of total sales vary widely, so treat any single figure with caution. Jobs have flattened at roughly 425,000 full-time positions, even as new markets such as Ohio and Maryland add revenue. 

The sharpest near-term pressure comes from hemp. A November 2025 federal spending law rewrites the definition of hemp. Products containing cannabinoids the plant can’t naturally produce lose federal hemp status on November 12, 2026. The rest of the rewrite takes effect December 11, 2026, after a one-month delay signed into law in September. That rewrite includes a total-THC standard and a 0.4 mg per-container cap. Analysts estimate it will make about 95% of the current hemp THC retail market federally illegal. 

Legalization under the current administration 

The administration has made real but partial progress. 

• • December 2025: President Trump signed Executive Order 14370, directing the Justice Department to finish rescheduling marijuana to Schedule III as quickly as the law allows. 
  • April 2026: DOJ and DEA issued a final rule moving FDA-approved marijuana products and marijuana under a state medical license to Schedule III. Law firms say that brings 280E tax relief going forward and a DEA registration pathway for qualifying medical operators. It does not cover adult-use cannabis, and it doesn’t fix interstate commerce. 
  • June–July 2026: DEA held an 11-day hearing on rescheduling all marijuana. 
  • September 29: DEA’s chief administrative law judge paused that proceeding while he considers whether to admit a new GAO report on scheduling policy. That was the latest status I could find, so check for updates. 

What Did the 2026 Elections Mean for Cannabis Legalization? 

Unlike previous election cycles, no states voted on a new recreational marijuana legalization initiative in November 2026. Instead, two notable ballot measures focused on existing cannabis laws and voters’ ability to influence future legalization. 

Massachusetts Voters Reject an Attempt to Repeal Recreational Cannabis 

Massachusetts voters rejected Question 8, a proposal that would have ended the state’s existing recreational marijuana market. 

Massachusetts originally legalized adult-use cannabis in 2016, and the 2026 measure would have reversed a significant part of that decision. The proposal’s defeat means the state’s recreational cannabis market can continue operating under existing law. 

Idaho Voters Preserve Their Ability to Pursue Cannabis Initiatives 

In Idaho, voters rejected House Joint Resolution 4, which would have prevented citizens from using the state’s initiative process to change marijuana laws. 

Although marijuana remains illegal in Idaho, the result preserves a potential pathway for future voter-led legalization efforts. These results highlight an important difference between the 2026 election and earlier cannabis election cycles: rather than directly expanding legalization, voters were deciding whether to preserve existing laws and future opportunities for reform. 

States to Watch in 2027? 

Several states will enter 2027 with political leadership that has expressed support for changing marijuana laws. However, support from a governor or legislative leader doesn’t automatically mean legalization will happen. 

Here’s where the biggest developments are taking place. 

Wisconsin: New Leadership Could Bring Recreational Legalization Back to the Table 

Wisconsin saw one of the most significant changes for cannabis policy in the 2026 election. 

Democrats won control of both chambers of the state legislature, and voters elected David Crowley as governor. Crowley has publicly supported full marijuana legalization, while previous legislative efforts have repeatedly stalled. 

Wisconsin currently has some of the most restrictive marijuana laws in the Midwest, despite neighboring Illinois, Michigan, and Minnesota allowing recreational cannabis. With new leadership taking office in 2027, lawmakers could revisit proposals to establish a regulated adult-use market. Any legislation would still need to address licensing, taxation, product safety, and how a new recreational market would operate. 

Pennsylvania: A Long-Delayed Legalization Effort Gets Another Opportunity 

Pennsylvania is another state where the election could change the direction of cannabis legislation. The state already has a medical marijuana program, but recreational marijuana remains illegal. 

In May 2025, Pennsylvania’s House passed an adult-use legalization proposal. The legislation stalled in the Republican-controlled Senate. Following the 2026 election, Democrats gained control of the state Senate while retaining the House, and Governor Josh Shapiro won reelection. Shapiro has previously supported legalizing recreational marijuana. 

With the governor and both legislative chambers aligned in support of considering reform, Pennsylvania lawmakers have an opportunity to revisit legalization in 2027. 

However, the details of a recreational market, including whether cannabis would be sold through private businesses or a state-controlled system, remain important policy questions. 

North Carolina: Medical Marijuana Could Move Forward 

North Carolina’s election results could be particularly important for medical marijuana. The state has considered medical cannabis legislation for several years, with proposals advancing through the Senate but failing to receive sufficient consideration in the House. 

In 2026, Democrats gained control of the North Carolina House, changing the legislative environment for future medical marijuana proposals. That doesn’t mean recreational marijuana legalization is imminent. Instead, the immediate conversation could center on establishing broader legal access to cannabis for qualifying medical patients. 

For patients and potential cannabis businesses, the 2027 legislative session will be worth watching. 

Iowa: A New Governor Supports Regulating Marijuana Like Alcohol 

Iowa also elected a new governor, Rob Sand, who has expressed support for regulating marijuana similarly to alcohol. 

Currently, Iowa has a limited medical cannabis program but does not allow recreational marijuana. Sand’s position introduces a new perspective into the state’s legalization debate. However, any recreational legalization proposal would still require legislative approval. 

The election creates an opportunity for renewed discussion, but the outcome will depend on lawmakers and the specific legislation introduced. 

Texas: New Leadership Could Change the Conversation Around THC 

Texas experienced significant political changes in the 2026 election. Voters elected Gina Hinojosa as governor and Vikki Goodwin as lieutenant governor, replacing Greg Abbott and Dan Patrick. 

Patrick had been a prominent supporter of restricting hemp-derived THC products, while Goodwin has favored a regulatory approach. Hinojosa has also expressed support for allowing Texans a greater role in deciding the future of THC policy. These changes could influence how Texas approaches hemp-derived cannabinoids, medical cannabis access, and broader marijuana reform. 

However, Texas does not currently have a statewide citizen-initiated ballot process for legalizing recreational marijuana. Legislative action would be necessary to establish a new legal market. For now, changes to hemp regulation and the state’s existing medical cannabis program may be more immediate areas of discussion than full recreational legalization. 

Georgia and Kansas: Additional States to Watch 

Georgia’s newly elected governor, Keisha Lance Bottoms, previously changed certain marijuana-related employment policies while serving as Atlanta’s mayor. 

Georgia already has a limited medical cannabis program, and the new administration could bring renewed attention to medical access and marijuana enforcement policies. 

Kansas is another state to monitor as its closely contested governor’s race is finalized. Democratic candidate Cindy Holscher campaigned on marijuana legalization, but any future changes would require cooperation with the state legislature. 

Neither state has approved recreational legalization, and new leadership alone does not establish a timeline for reform. 

Could the New Congress Change Federal Cannabis Laws? 

The 2026 elections also changed the balance of power in Washington. Democrats won control of both the U.S. House and Senate, creating a different legislative environment for the final two years of Trump’s presidency. 

Some newly elected members of Congress have expressed support for federal cannabis legalization or removing marijuana from the Controlled Substances Act entirely. 

However, federal legalization would still require Congress to agree on legislation and overcome procedural hurdles, including potential Senate filibuster requirements. Any bill would also need to become law through presidential approval or a successful congressional override. 

Among the federal issues lawmakers could revisit are marijuana descheduling, cannabis banking access, taxation, and federal regulation of hemp-derived products. 

The new congressional makeup could affect which proposals receive hearings and votes, but it does not guarantee that nationwide recreational legalization will pass. 

How will the election results affect the Cannabis Industry in 2027? 

The 2026 election didn’t immediately add any new recreational marijuana states to the map, but it changed the political landscape for future legalization efforts. 

Wisconsin and Pennsylvania will enter 2027 with new opportunities to advance recreational marijuana legislation. North Carolina could revisit medical cannabis, while Iowa, Texas, Georgia, and Kansas have additional policy developments to watch. 

At the federal level, the Trump administration has taken action on medical marijuana rescheduling, although broader marijuana reform remains unfinished. Meanwhile, new hemp restrictions could reshape another segment of the cannabis industry. 

The biggest question heading into 2027 isn’t just which state will legalize marijuana next. It’s how federal and state governments will approach cannabis regulation as the industry continues to develop. 

For anyone interested in entering the cannabis industry, staying informed about these changes is an important part of understanding where the industry is headed. Our Dispensary Agent Certification course was designed to help students build foundational knowledge of cannabis products, industry terminology, responsible retail practices, and the various laws and regulations. 

Disclaimer: This article is for educational purposes only and reflects developments reported as of November 6, 2026. Election results may remain unofficial until certified. Cannabis laws vary by jurisdiction and are subject to change. Completing a certification course does not guarantee employment or satisfy every state-specific licensing requirement.