Cannabis legalisation in the United States: where do things stand in 2026?

Colorado and Washington State led the way in 2012 by legalising recreational cannabis use by referendum, a world first at the scale of a federated state. Since then, most American states have adopted a medical framework, a recreational one, or both, each with its own rules on sale, taxation and possession. The federal government, for its part, continues to classify cannabis among the most strictly controlled substances, a status whose reclassification has been debated for several years without leading to a federal change, which creates a permanent legal conflict between federal law and state law.

The 2018 Farm Bill removed hemp, defined as cannabis containing no more than 0.3% THC, from the federal list of controlled substances. This reform opened up a national market for hemp-derived CBD, independently of the status of higher-THC cannabis in each state. It is this federal framework, distinct from the legalisation of recreational cannabis, that shapes the American CBD market today.

The federal drugs agency (FDA) approved a single CBD-based medicine in 2018, Epidiolex, prescribed for certain severe forms of epilepsy. It has not, however, established a clear regulatory framework for CBD food supplements or cosmetics sold outside any prescription, which leaves a zone of legal uncertainty in place for many American manufacturers.

The American framework, however permissive it may be in certain states, has no bearing on French regulation. A CBD or cannabis product bought legally in an American state cannot be imported into France: the applicable framework remains that of the Conseil d'État decision of 29 December 2022, with a threshold of 0.30% THC in the finished product, and the European Novel Food Regulation for ingested products.

Is cannabis legal everywhere in the United States?

No. It remains illegal at federal level and legalisation depends on each state. Most of them have legalised it for medical or recreational use, but not all.

Is American CBD the same as French CBD?

The legal framework differs. American CBD follows the 2018 Farm Bill, with a threshold of 0.3% THC. French CBD follows the 2022 Conseil d'État decision and the European Novel Food Regulation for ingested products.

Can you bring CBD bought in the United States back to France?

It is not advisable. Legality in the United States does not guarantee compliance with French law, which applies as soon as you go through customs.

Has the FDA approved CBD food supplements?

No. Only Epidiolex, a prescription medicine, is approved. CBD food supplements and cosmetics operate in a still-uncertain regulatory zone in the United States.