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![handle is hein.crs/govepod0001 and id is 1 raw text is: Congressionol Research Service
nforming the IegisI9tive debate since 1914
6
Updated May 2, 2024
The Federal Status of Marijuana and the Policy Gap with States
Marijuana is a psychoactive drug that generally consists of
leaves and flowers of the cannabis sativa plant. Marijuana is
a Schedule I controlled substance under the federal
Controlled Substances Act (CSA; 21 U.S.C. §801 et seq.),
and thus is strictly regulated by federal authorities. In
contrast, over the last several decades, most states and
territories have deviated from a comprehensive prohibition
of marijuana and have laws and policies allowing for some
cultivation, sale, distribution, and possession of marijuana.
Marijuana is the most commonly used illicit drug in the
United States. According to data from the National Survey
on Drug Use and Health (NSDUH), in 2022 an estimated
61.9 million individuals aged 12 or older used marijuana in
the past year, and 42.3 million reported using it in the past
month (NSDUH defines current use as past month use).
The percentage of individuals 12 or older who reported
past-month marijuana use gradually increased from 6.1% in
2008 to 15.0% in 2022-a time frame during which a
majority of states repealed state criminal prohibitions on
marijuana and allowed for its recreational and/or medical
use. The rate of past-month marijuana use among youth
(ages 12-17) has fluctuated during this time-it was 7.0%
in 2008 and 6.4% in 2022, while adult (ages 18+) use
steadily increased-from 6.3% in 2008 to 15.9% in 2022.
Maruana Control Under Federal Law
Due to its status as a Schedule I controlled substance, the
CSA currently prohibits the manufacture, distribution,
dispensation, and possession of marijuana except in federal
government-approved research studies. The CSA definition
of marijuana was revised in 2018, with the removal of hemp
(cannabis containing no more than a 0.3% concentration of
the psychoactive compound delta-9-tetrahydrocannabinol
[delta-9-THC]) from the definition. Cannabidiol (CBD) is
derived from hemp or manufactured in a laboratory and is
not considered a controlled substance. In April 2024, the
Drug Enforcement Administration (DEA) proposed to
move marijuana from Schedule I to Schedule III under the
CSA. For a discussion of the legal consequences of
rescheduling marijuana to Schedule III, see CRS Legal
Sidebar LSB11105, Legal Consequences ofRescheduling
Marijuana.
Marijuana use may subject an individual to a number of
consequences under federal law in addition to the penalties
for a conviction of a marijuana-related offense.
Consequences for marijuana use can include, but are not
limited to, the inability to purchase and possess a firearm
and being ineligible for federal housing, certain visas, and
federal employment and military service.
State Cannabis Law and Po cy Trends
It is increasingly common for states to have laws and
policies allowing for medical or recreational use of
marijuana-activities that violate the CSA. Evolving state-
level policies on marijuana also include decriminalization
measures.
Medical Maruana in States
In 1996, California became the first state to amend its drug
laws to allow for the medicinal use of marijuana. As of May
2, 2024, 38 states, the District of Columbia (DC), Puerto
Rico, Guam, and the U.S. Virgin Islands have
comprehensive laws and policies allowing for the medicinal
use of marijuana. Nine additional states allow for limited-
access medical cannabis, which refers to low-THC
cannabis or CBD oil. Idaho, Kansas, Nebraska, and
American Samoa do not allow for the use of medical
marijuana or low-THC cannabis.
Current federal law does not recognize the distinction some
states make between the medical and recreational uses of
marijuana. Marijuana's classification as a Schedule I
controlled substance reflects a finding that marijuana has a
high potential for abuse and no currently accepted medical
use in the United States. Moving marijuana from Schedule I
to Schedule III, without other legal changes, would not
bring the state-legal recreational marijuana industry into
compliance with the CSA. If marijuana were moved to
Schedule III, it could theoretically be used for medical
purposes consistent with federal law. However, Schedule
III controlled substances may only legally be dispensed
pursuant to a valid prescription and, as discussed below,
marijuana is not currently a prescription drug approved by
the Food and Drug Administration (FDA).
Recreational Marijuana in States
Recreational marijuana legalization measures remove all
state-imposed penalties for specified activities involving
marijuana. As of May 2, 2024, 24 states, DC, Guam, and
the Northern Mariana Islands have enacted laws allowing
for the recreational use of marijuana. State recreational
marijuana initiatives have legalized the possession of
specific quantities of marijuana by individuals aged 21 and
over, and (with the exception of DC and the states that only
recently enacted these measures) established state-
administered regulatory schemes for the sale of marijuana.
Activities related to recreational marijuana are illegal under
the CSA and would remain so if marijuana moves to
Schedule III.
Decriminalization
Over the last 50 years, many states and municipalities have
decriminalized marijuana. Marijuana decriminalization
differs markedly from legalization. A state or municipality](ViewImageLocal?handle=hein.crs/govepod0001&div=1&collection=&method=preview&ext=.png&size=3)