How State Lawmakers Regulated Marijuana, Hemp, and Kratom in 2025

At the end of each year, our policy analysts share insights on the issues that have been at the forefront of state legislatures throughout the session during their review of thousands of bills across all 50 states. Here are the big developments and high-level trends we saw last year in the marijuana policy space, plus what you can expect in 2026.

Currently, 24 states permit recreational use of marijuana, a number that has remained stagnant since Ohio voters approved a ballot measure to legalize recreational use in 2023. Voters in Nebraska passed two ballot measures in 2024 to become the 39th state to legalize medical marijuana. Marijuana remains a key policy focus for state legislatures, with many introducing bills to ease restrictions on possession, use, and sale of marijuana for both medical and recreational purposes. Lawmakers have also increasingly addressed related issues, including the regulation of hemp products and kratom.

2025 State Marijuana Legislation Trends

Recreational and Medical Marijuana Legalization Efforts

Just over 80 bills related to the legalization of recreational or medical marijuana were introduced during the 2024-2025 session. Fourteen states introduced legislation to legalize recreational use, and eight states introduced medical marijuana legalization legislation, but none of these measures have been enacted.

In Pennsylvania, a state that has now attempted to legalize recreational use for the sixth session in a row, lawmakers have introduced several bills allowing varying amounts of cannabis for personal possession and proposing differing retail schemes. Pennsylvania HB 1200 passed the House in May but was ultimately defeated due to concerns over its state-run retail model. A bipartisan bill was introduced by state Senators Dan Laughlin (R) and Sharif Street (D) in July, and remains active.

Meanwhile, Republican lawmakers in Wisconsin are spearheading legislation to legalize medical marijuana, following a failed effort by Governor Tony Evers (D) to include provisions in the state’s budget legalizing recreational marijuana in June. The proposal to legalize medical use, which was filed on September 29th, has sponsorship by both House and Senate GOP membership, something which the 202 session’s effort to legalize medical marijuana in the state lacked.

Lawmakers in New Hampshire, Georgia, Texas, Tennessee, Indiana, and South Carolina also introduced multiple pieces of legislation to legalize the sale and use of medical or recreational marijuana in their states, with most bills failing to pass a single chamber. Because none of these states allow citizen-initiated ballot measures, any chance of legalizing medical or recreational use will not be possible until lawmakers convene next session.

Cannabis-Infused Beverages Regulation

Outside of legalization efforts, state legislators took an interest in regulating cannabis-infused beverages, introducing over 100 bills during the 2025 legislative session. Some common themes found throughout many of these bills included: caps on THC levels, tax rates on product sales, and packaging/labeling standards. As of the end of 2025, eight states have enacted legislation establishing various requirements for cannabis-infused beverages.

Hemp and Kratom Regulatory Developments

Nearly 250 bills on hemp and over 100 bills on kratom were introduced across almost all 50 states during the 2024-25 session. So far, 30 bills regulating hemp products and 13 bills regulating kratom have been enacted in 23 states.

Kratom Age Restrictions and Safety Standards

Kratom, a substance produced from the leaves of the tree Mitragyna speciosa, was the subject of stricter scrutiny and regulation by states. Lawmakers enacted legislation in South Dakota, Rhode Island, Mississippi, South Carolina, Colorado, and Nebraska prohibiting the sale of kratom to anyone under 21. Some proposed and enacted legislation also prohibits the sale of kratom that is “adulterated” or mixed with other substances, including tobacco and psychoactive substances, and requires clearer labeling and testing standards. Additionally, Louisiana became the 7th state to outright ban possession or distribution of kratom, while Rhode Island reversed its ban on kratom by enacting a new regulatory framework, set to take effect in 2026.

Hemp Product Age Limits and THC Content Controls

Hemp also saw greater regulation by some states during the 2024-25 session. Hemp is cannabis that contains a low amount of THC, with federal law defining a limit of less than 0.3% Delta-9 THC by dry weight. Numerous states enacted legislation prohibiting sales of hemp and hemp-derived cannabinoids to anyone under 21, including Alabama, Connecticut, Louisiana, Maine, and Tennessee. Additionally, the Texas State Health Agency adopted an emergency rule prohibiting the sale of consumable hemp products to consumers under the age of 21. States also enacted legislation clarifying packaging standards for hemp products, often to ensure they are not attractive to children or otherwise misleading (Arkansas, Maine), as well as setting clear limits on the amount of THC that may be in a consumable hemp product (New Jersey, California). Most recently, Ohio Governor Mike DeWine ordered a public health emergency prohibiting sales of intoxicating hemp (hemp manufactured to contain psychoactive cannabinoids) for 90 days beginning October 13th.

Federal Policy Changes and 2026 Outlook

Marijuana policy may see major changes at the federal level pending action by the Trump administration. In August of 2025, President Trump announced his intention to determine whether to support reclassifying marijuana from Schedule I to Schedule III of the Controlled Substances Act. While reclassifying marijuana to Schedule III would not legalize its use federally, it would result in significant tax breaks for businesses licensed to sell marijuana. Whether marijuana is reclassified at the federal level, expect to see state lawmakers continue to introduce legislation legalizing recreational and medical use of marijuana, as a majority of US adults continue to support the legalization of marijuana for both purposes.

Tracking State Marijuana Policy Legislation

MultiState’s team is actively identifying and tracking marijuana policy issues so that businesses and organizations have the information they need to navigate and effectively engage. If your organization would like to further track these or other related issues, please contact us.