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1 [1] (March 10, 2026)

handle is hein.crs/govettv0001 and id is 1 raw text is: Congressional Research Service nforming the IegisI9tive debate since 1914 6 Updated March 10, 2026 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. It 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 2024 an estimated 64.2 million individuals aged 12 or older used marijuana in the past year, and 44.3 million reported using it in the past month. The percentage of individuals 12 or older who reported past-month marijuana use gradually increased from 6.1% in 2008 to 15.4% in 2024-a time frame during which a majority of states repealed state criminal prohibitions on marijuana and allowed for its recreational and/or medical use.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) was 6.0% in 2024 and since 2008 has fluctuated from a low of 6.0% (in 2023 and 2024) to a high of 7.9% (in 2011), while adult (ages 18+) use steadily increased-from 6.3% in 2008 to 16.3% in 2024. Marijuana Control Under Federal Law Due to marijuana's status as a Schedule I controlled substance, the CSA currently prohibits the manufacture, distribution, dispensation, and possession of marijuana except for use in federal government-approved research studies. Unauthorized activities may give rise to criminal penalties and other legal consequences. 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. It was further revised in 2025 to refer to the concentration of all THC, not just delta-9-THC. In April 2024, the Department of Justice (DOJ) proposed to move marijuana from Schedule I to Schedule III under the CSA. For a discussion of the consequences of this potential schedule change, see the following CRS products: CRS Legal Sidebar LSB 11105, Legal Consequences ofRescheduling Marijuana (December 22, 2025, version) and CRS In Focus IFl2715, Rescheduling Marijuana: Implicationsfor Criminal and Collateral Consequences (December 30, 2025 version). State Cannabis Law and Policy 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 Marijuana in States In 1996, California became the first state to amend its drug laws to allow for the medicinal use of marijuana. As of March 1, 2026, 40 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. Eight additional states allow for limited- access medical cannabis, which refers to low-THC cannabis or CBD oil. Idaho, Kansas, 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 medical 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). Recreat on Marijuana in States Recreational marijuana legalization measures remove state- imposed penalties for specified activities involving marijuana and allow for its non-medical use by adults. As of March 1, 2026, 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 decriminalizes conduct by removing the accompanying criminal penalties or by lowering them (e.g., making cnvered conduct a low-level misdemeanor with no