Controlled Substance Laws by State 2026

Controlled Substance Offense Categories

States classify offenses involving controlled substances—excluding marijuana in this dataset—primarily as felonies, misdemeanors, or a combination of both depending on the circumstances. In many states, possession of certain drugs or larger quantities is treated as a felony offense, reflecting the stricter legal treatment of substances considered more dangerous or prone to abuse.

Other states use a mixed approach, where the same type of drug offense may be charged as either a misdemeanor or a felony depending on factors such as the amount of the substance involved, prior convictions, or whether the offense involves distribution rather than simple possession. The table above shows how each state categorizes these offenses under its current drug laws.

Marijuana Legality by State

Marijuana is treated differently from other controlled substances in many state laws. While it remains classified as a Schedule I substance under federal law, a growing number of states have legalized or otherwise permitted its use under state law. In these states, adults may legally possess marijuana in certain amounts or under specific conditions.

Other states continue to prohibit marijuana possession, treating it as an illegal controlled substance. Because policies vary widely, the table above indicates whether marijuana is considered legal or illegal under each state’s current laws.

Drug Paraphernalia Laws and Decriminalization Efforts

In addition to regulating controlled substances themselves, many states also have laws governing drug paraphernalia, such as items used to prepare, package, or consume illegal drugs. Depending on the state, possessing or distributing drug paraphernalia may be treated as a misdemeanor, a felony, or may not be criminalized at all.

Some states have also introduced legislation aimed at decriminalizing certain drug offenses or reducing penalties for possession of small amounts of controlled substances. These efforts often focus on shifting responses toward treatment, diversion programs, or civil penalties rather than traditional criminal prosecution. The table indicates whether such decriminalization legislation has been introduced in each state.