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United States (federal)

Illegal
Federal Last reviewed 11 August 2026

Cannabis remains federally illegal (Controlled Substances Act); a federal rescheduling review is ongoing — verify current status. State programs operate despite federal prohibition. Interstate commerce is prohibited; banking and IRS 280E tax treatment constrain operators.

Online Delivery

No interstate commerce

Interstate commerce in cannabis is prohibited: transporting or shipping product across state lines is a federal offense even between two states where cannabis is legal. Delivery is only legal within a state, by operators licensed under that state's rules. Hemp-derived products below 0.3% delta-9 THC follow separate federal hemp rules.

Official source ↗

Possession

Federally illegal

Cannabis remains a Schedule I controlled substance under federal law, so possession is a federal offense even in states that have legalized it. A rescheduling review toward Schedule III has been underway since 2024 but has not been completed — verify current status. In practice, federal enforcement targets trafficking rather than state-compliant consumers.

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Taxation

IRS 280E applies

Because cannabis is a Schedule I/II substance, IRC Section 280E bars state-licensed cannabis businesses from deducting ordinary business expenses on federal taxes, producing very high effective tax rates. If federal rescheduling to Schedule III is finalized, 280E would no longer apply. State and local cannabis excise taxes apply on top.

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Recent changes

Federal rescheduling review ongoing
proposal · 11 August 2026 · Source ↗

A federal review of cannabis scheduling (move from Schedule I) is in process. Outcome would affect 280E taxation and research, not state-market legality.