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1 [1] (December 30, 2025)

handle is hein.crs/govetcd0001 and id is 1 raw text is: * Congressionol Research Service Informing the Iegisl9tive debate since 1914 S Updated December 30, 2025 Rescheduling Marijuana: Implications for Criminal and Collateral Consequences Marijuana is the most commonly used illicit drug in the United States. The number of adults who use marijuana has continued to increase, as has the number of states that allow for its use. Under the Controlled Substances Act (CSA), marijuana and its derivatives are classified as Schedule I controlled substances, meaning their manufacture, possession, and distribution are illegal except for the purposes of federally sanctioned research. While many states have enacted laws allowing for marijuana use, and the federal government has generally not interfered with their implementation, violations of federal marijuana laws continue to have criminal and civil consequences. In addition to criminal penalties, past and current marijuana use or marijuana- related convictions may subject individuals and businesses to a number of consequences under various policies and federal laws. In May 2024, the Department of Justice (DOJ) proposed to move marijuana from Schedule I to Schedule III under the CSA, and in December 2025, President Trump issued Executive Order 14370 directing DOJ to expeditiously complete the rescheduling process. While Schedule III is less restrictive than Schedule I and allows for medical use of marijuana-only if approved by the Food and Drug Administration (FDA) and dispensed pursuant to a valid prescription-most of the current consequences of marijuana use or marijuana-related convictions would remain if marijuana moves to Schedule III. This In Focus discusses those consequences and what would change if marijuana is rescheduled to Schedule III, as well as options for Congress. Crimnna Penalties for Federa Mar.,uana Crimes Federal marijuana crimes may subject individuals to a number of criminal penalties that vary depending on the circumstances of the case: * A first offense of trafficking (i.e., manufacturing, distributing, or dispensing, or possessing with intent to manufacture, distribute, or dispense) 1,000 kg or more of marijuana or 1,000 or more marijuana plants carries a penalty of not less than 10 years or more than life in prison and a criminal fine of not more than $10 million if an individual and $50 million if other than an individual (e.g., a drug trafficking organization); * A first offense of trafficking 100 kg to 999 kg of marijuana or 100 to 999 marijuana plants carries a penalty of not less than 5 years or more than 40 years in prison and a criminal fine of not more than $5 million if an individual and $25 million if other than an individual; and * A first offense of trafficking less than 50 kg of marijuana or 1 to 49 marijuana plants carries a penalty of not more than five years in prison and a criminal fine of not more than $250,000 if an individual or $1 million if other than an individual. These offenses carry more severe penalties if death or serious bodily injury occurs or if it is not the defendant's first felony drug conviction. In practice, most individuals (76% in FY2024) sentenced in federal court for marijuana trafficking convictions are sentenced to less than five years in prison. Over the last five years for which data are available (FY2020-FY2024), the number of individuals sentenced for marijuana trafficking in federal court has declined by 58%, from 1,118 per year to 471. This decline is even sharper when considering longer term trends. In FY2015, 3,543 individuals were sentenced in federal court for marijuana trafficking (more than seven times higher than FY2024). By contrast, the total number of individuals sentenced for all federal drug trafficking offenses has declined more gradually over the past 10 years, from 19,773 in FY2015 to 18,150 in FY2024. As with other controlled substances obtained without a valid prescription, simple possession of marijuana carries a penalty of up to one year in prison and/or a minimum fine of $1,000 (maximum of $10,000). Relatively few offenders are sentenced for marijuana possession in federal court, and the majority of cases originate from the Southwest border. Federal crimes (and associated penalties) involving controlled substances, including marijuana, are not limited to the CSA and can be found in other areas of the U.S. Code. For example, laundering money from controlled substance violations (see 18 U.S.C. §1956) and smuggling controlled substances into the country via aircraft (see 19 U.S.C. §1590) carry sentences of up to 20 years in prison. Changes to Crimina Penaltie Rescheduled to Schedul larijuana Many CSA penalties for marijuana violations are written specifically for marijuana and are not tied to its Schedule I classification. Those penalties would remain the same if marijuana moves to Schedule III. Many CSA and other federal offenses associated with marijuana's general status as a controlled substance would also remain the same. For example, it is unlawful for any person knowingly or intentionally to possess a controlled substance unless such substance was obtained pursuant to a valid prescription from a medical practitioner. If marijuana moves to Schedule III, this does not mean that all marijuana products