38 states have legalized or decriminalized marijuana for comprehensive medical programs or functioning recreational markets.
It is not federally legal.
HHS has made the recommendation to the DEA.
Source HHS news release: August 29 2023, the Department of Health and Human Services (HHS) recommended rescheduling marijuana from a Schedule I substance to a Schedule III substance under the Controlled Substances Act (CSA), signaling the potential for drastic change in the marijuana market.
Source DEA website: Schedule III drugs, substances, or chemicals are defined as drugs with a moderate to low potential for physical and psychological dependence. Schedule III drugs abuse potential is less than Schedule I and Schedule II drugs but more than Schedule IV. Some examples of Schedule III drugs are: products containing less than 90 milligrams of codeine per dosage unit (Tylenol with codeine), ketamine, anabolic steroids, testosterone.