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1 [1] (June 16, 2026)

handle is hein.crs/goveuop0001 and id is 1 raw text is: I ~ or nin 0 Won I Resedrch Service t Ier~ I live hi a ~ 'e 914 Updated June 16, 2026 Rescheduling Medical Marijuana: Implications for Criminal and Collateral Consequences In 1970, the Controlled Substances Act (CSA) classified marijuana and its derivatives as Schedule I controlled substances. Since then, this classification largely remained unchanged unless certain products or derivatives (such as hemp) were specifically exempted or listed in other schedules. In an April 2026 final rule, the Department of Justice (DOJ) reclassified medical marijuana and its derivatives to Schedule III under the CSA when they are included in [a Food & Drug Administration (FDA)]- approved drug product or are subject to a state-issued license to manufacture, distribute, and/or dispense marijuana or products containing marijuana for medical purposes. Recreational marijuana and its derivatives remain classified as Schedule I controlled substances, meaning their manufacture, possession, and distribution are illegal except for the purposes of federally sanctioned research. In May 2024, DOJ proposed to move marijuana from Schedule I to Schedule III under the CSA, and this full rescheduling process remains ongoing. 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. Schedule III is less restrictive than Schedule I and allows for medical use of marijuana; however, many of the consequences of unlawful marijuana use or marijuana- related convictions are similar. This In Focus discusses those consequences, what is different due to the recent schedule change, and options for Congress. Cr rnna Penaities for Federa Marjuana 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 in prison 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 (69% in FY2025) 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 (FY2021-FY2025), the number of individuals sentenced for marijuana trafficking in federal court has declined by 62%, from 995 per year to 383. This decline is even sharper when considering longer term trends. In FY2016, 3,381 individuals were sentenced in federal court for marijuana trafficking (more than eight times the number sentenced in FY2025). By contrast, the total number of individuals sentenced for all federal drug trafficking offenses, not just those involving marijuana, has declined more gradually over the past 10 years, from 19,222 in FY2016 to 16,144 in FY2025. Unlawful simple possession of marijuana charged in federal court 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 Penalties Many CSA penalties for marijuana violations are written specifically for marijuana and are not tied to its schedule classification. Those penalties remain the same even after the recent schedule change for medical marijuana. Many CSA and other federal offenses associated with marijuana's general status as a controlled substance also remain the same. The CSA states that 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 or as otherwise