Nine States Still Bar Medical Cannabis Programs as of July 2026

Statutory Landscape in Holdout States

All nine states classify cannabis as a Schedule I controlled substance under state law, mirroring the federal Controlled Substances Act framework. Possession, cultivation, and distribution remain criminal offenses regardless of medical justification. Idaho Code §37-2732, for instance, imposes felony penalties for possession of any quantity of cannabis. No medical-necessity defense exists.

Wisconsin and Tennessee have enacted limited cannabidiol (CBD) programs, but these carve-outs don't constitute comprehensive medical cannabis frameworks. Wisconsin's 2014 CBD law permits possession of CBD oil containing no more than 0.3 percent THC for treatment of seizure disorders, provided the patient obtains a physician's certification. Tennessee Code Annotated §39-17-402 similarly authorizes CBD oil for intractable seizures but prohibits smoking or vaporizing cannabis flower.

Revenue and Enforcement Implications

The absence of regulated medical programs in these states forecloses state tax revenue streams that have materialized in the 41 states with legal medical or adult-use frameworks. Colorado collected $423 million in cannabis tax revenue in fiscal year 2025, according to the Colorado Department of Revenue. The nine holdout states derive no comparable revenue. They continue to allocate law-enforcement resources to cannabis-related arrests instead.

Arrest data from the FBI's Uniform Crime Reporting program show that Kansas made 6,842 cannabis-related arrests in 2025, the majority for simple possession. Nebraska's total was 4,103. These figures represent ongoing enforcement costs and criminal-justice system burden in jurisdictions without legal alternatives.

Legislative Outlook and Interstate Dynamics

No medical cannabis bills advanced to floor votes in any of the nine states during the 2026 legislative sessions. Georgia's Senate Study Committee on Medical Cannabis Access issued a report in March 2026 recommending a pilot program for terminal patients, but the full Senate didn't calendar the measure. Kentucky's House Bill 279, which would have established a medical cannabis commission, died in committee in February.

Interstate dynamics complicate enforcement. Patients in Kansas, for example, can cross into Missouri or Oklahoma—both of which operate medical cannabis programs—but they face felony charges upon re-entry with product. For background on state-level medical cannabis frameworks and the patchwork of access rules, see the CannIntel topic hub on medical cannabis state legalization.

The next signal: whether any of the nine states introduce ballot initiatives for the November 2026 election. Idaho and Nebraska permit citizen-initiated measures. Neither state has qualified a cannabis measure for the ballot as of mid-July.