Public support for marijuana legalization has increased more than fivefold in the past 50 years, with American support reaching 70% in 2023. More than half of the U.S. population lives in a state with legal recreational marijuana. This includes Arizona, California, Missouri, New York, and Washington. In fully illegal states like Idaho and Kansas, some cities are choosing to decriminalize marijuana, which means while it is still not legal, possession is treated as a minor traffic violation instead of a criminal offense.
There are some states in particular that are very lenient towards marijuana use. In Colorado, businesses such as restaurants and hotels have been able to offer designated cannabis-smoking areas since 2019. Medical cannabis has become legal to deliver straight to homes while consumers are now able to order marijuana to their homes in recent years as well. In June 2025, Colorado made it possible for residents age 21 and older to purchase marijuana from a licensed retailer and possess up to an ounce of marijuana at a time.
In Alaska, about 33% of Alaskans have smoked marijuana with Alaskans being able to legally possess up to an ounce of marijuana regardless of the purpose. It has been legal to buy up to an ounce of “usable marijuana” since 2012 while Oregon has allowed citizens to maintain up to a 24-ounce supply of medical marijuana and grow up to 24 immature cannabis plants at one time. California currently has laws that discourage employers from asking workers about their use of cannabis outside of the workplace as well as ordering hair or urine tests (unless they work in construction or a federal job).
At the other end of the spectrum, there are states that are quite strict when it comes to marijuana use. In Idaho, marijuana paraphernalia could lead up to nine years in prison for distribution and fines up to $1,000 for possession. Possession of less than one ounce is considered a misdemeanor that is punishable with 30 days of imprisonment and a $200 max fine in South Carolina.
Kansas did not advance any marijuana legislation in 2025 despite introducing bills for full legalization, decriminalization, and exemptions for military veterans. In Wyoming, 54% of adults supported legalizing personal marijuana five years ago. However, Wyoming remains only one of four states with no support for marijuana use at all with people under the influence getting up to six months in prison and a $750 fine while people possessing more than three ounces can get up to five years in prison and a $10,000 fine. Yet, some illegal states had more marijuana users failing pre-employment drug tests, possibly indicating higher numbers of marijuana users in those states.
In terms of the workplace, nearly half of users in legalized states admit to using cannabis at or before work. This amounts to about 11% of employed U.S. adults admitting to using cannabis. In fact, 73% of marijuana users say being high improves their work performance, with at least 39% reporting that they go to work high on a weekly basis.
Today, about 48% of employers do not test for cannabis in the pre-hire process, and more than a third of employers acknowledge they are not prepared for the impact of legal cannabis use in the workplace. Nevada has banned nearly all pre-employment drug testing for marijuana with exceptions for safety-sensitive positions. This law went into effect in January 2020, which is just three years after the state legalized cannabis for recreational use.
New York City passed a similar pre-employment testing ban for marijuana that went into effect in May 2020. Washington, D.C. already passed a law back in 2015 that prohibits pre-employment marijuana screening, although employers are allowed to test after a job offer has been made. In Illinois, recreational and medical use became legal in January 2020. Wisconsin recently attempted to propose marijuana legalization in April 2025, but it was cut by lawmakers.
Nonetheless, some states have policies that address marijuana use in the workplace. At least five states allow employers to discipline employees for working while under the influence, but this requires more than a simple failed drug test as evidence since testing for marijuana is getting harder with many samples being classified as “substituted” or invalid due to various factors.
It is undeniable that marijuana laws are changing, and many businesses have to prepare for the growing legalization of marijuana.
Source: US Drug Test Centers
