What the 2026 midterms mean for cannabis laws

Tuesday’s election changed who runs Congress and several statehouses, and voters weighed in directly on cannabis in Massachusetts, Idaho and Houston. Here’s what changed, what could change next, and what stays the same for your next trip.

Voters kept legal cannabis where it was on the ballot

• Massachusetts Question 8 failed by about 3 to 1. It would have ended adult-use sales and home growing. Licensed dispensaries stay open, and the state’s social consumption rules stay on track.
• Haverhill, Mass. approved Question 10, about 12,600 to 10,500 in unofficial results. It’s the first time a Massachusetts community has approved on-site cannabis consumption by public vote, which clears a local hurdle for the lounge Stem is building. It still needs a state license before it can open.
• Idaho rejected HJR 4 with about 66% voting no, and it failed in every county. The amendment would have let only the legislature legalize marijuana, so Idaho voters keep the option to put cannabis on a future ballot. Cannabis remains illegal in Idaho today.
• Houston approved Prop A with more than 70% of the vote. It makes misdemeanor marijuana possession the lowest police priority in the city and bans no-knock warrants. Possession is still illegal under Texas law.

A new Congress: what could change, and what’s harder

Democrats won majorities in both the House and the Senate, with the Senate at roughly 54 to 56 seats as the last races are counted. Hakeem Jeffries is expected to become House Speaker and Chuck Schumer Senate Majority Leader. Both have sponsored bills to remove cannabis from the federal Controlled Substances Act, and the House has passed federal legalization twice before, most recently in 2022.

Turning that into law is a taller order. Most bills need 60 votes to get through the Senate, so any cannabis bill would need some Republican support, and the President would have to sign it. The administration has favored rescheduling over full legalization. Narrower bills, such as giving state-legal businesses access to banks, have had bipartisan support but have stalled before. The new Congress starts in January 2027, so any change is months away at the earliest.

Rescheduling and the hemp deadline

State-licensed medical marijuana moved to Schedule III earlier this year, and the DEA has begun registering medical dispensaries. Rescheduling for adult-use marijuana is still tied up in a DEA hearing, and the election doesn’t change that process directly.

The federal hemp rule passed by the current Congress still takes effect Dec. 11. It limits hemp products to 0.4 mg of THC per package, which would take most hemp THC gummies and drinks off shelves nationwide. Because the new Congress is seated after that date, changing the rule would take new legislation in 2027.

Texas: a new lieutenant governor and the hemp fight

Democrat Vikki Goodwin defeated Lt. Gov. Dan Patrick, who led the push to ban hemp-derived THC. The lieutenant governor presides over the Texas Senate and has a big say in which bills move. Democrat Gina Hinojosa also won the governor’s race, while the Texas Senate keeps a Republican majority.

Goodwin says her first goal is to roll back the state health department’s new hemp rules, which raised license fees, restricted marketing and banned smokable products like THCA flower. She has also proposed regulating and taxing hemp THC to help fund health coverage for low-income Texans. The Legislature next meets in January 2027. Until then, the current rules stay in place, and the federal Dec. 11 limit applies in Texas too. Texas’s medical program for registered patients isn’t affected.

New Hampshire stays the exception in New England

Republican Gov. Kelly Ayotte won re-election over Democrat Cinde Warmington, who supported legalization. Ayotte opposes legalizing adult-use cannabis, so New Hampshire is likely to remain the only New England state without legal recreational sales.

The case each side makes

Supporters point to polls showing about two-thirds of Americans back ending prohibition, and they argue voters rejected rollbacks wherever they had the chance. Advocacy groups like NORML and the Drug Policy Alliance want Congress to deschedule cannabis rather than stop at rescheduling. Opponents, including Republican leaders in Congress and governors like Ayotte, argue that wider legalization raises risks for young people, impaired driving and public health, and that the federal government should move slowly.

What it means for your trip

• Check the rules for every state you visit on our cannabis laws by state page. Possession limits and where you can consume haven’t changed.
• Never carry cannabis across state lines or onto a plane, even between two legal states.
• If you buy hemp THC products, expect shelves to change after Dec. 11.
• Looking for a place to consume legally? See the lounges in our Directory.