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The Schedule I Status of Marijuana



November 25, 2019

The Controlled Substances Act (CSA) places various substances in one of five schedules based on their
medical use, potential for abuse, and safety or risk for dependence. The five schedules are progressively
ordered, with substances regarded as the least dangerous and addictive classified as Schedule V and those
considered the most dangerous and addictive classified as Schedule I. By law, Schedule I substances have
a high potential for abuse with no currently accepted medical use in treatment in the United States
and cannot safely be dispensed under a prescription. The CSA prohibits the manufacture, distribution,
dispensation, and possession of Schedule I substances except for bona fide, federal government-approved
research studies.
Marijuana is currently listed as a Schedule I controlled substance under the CSA, and has been on
Schedule I since the CSA was enacted in 1970 (P.L. 91-5 13). For background on how marijuana came to
be placed on Schedule I, see Appendix B of CRS Report R44782, The Marijuana Policy Gap and the
Path Forward.
The CSA  placed the control of marijuana under federal jurisdiction regardless of state regulations and
laws. Over the last several decades, states and territories have established a range of laws and policies
regarding marijuana's medical and recreational use. Most have deviated from an across-the-board
prohibition of marijuana, and it is now more the rule than the exception that states and territories have
laws and policies allowing for some cultivation, sale, distribution, and possession of marijuana.

Select   Issues   Surrounding the Schedule I Status of Marijuana

Differences between federal and state laws and policies have created a number of issues. Additionally,
there are issues surrounding the Schedule I status of marijuana. Some of these are highlighted below.
    *   Institutions of Higher Education (IHEs). Under the Higher Fducation Act of 1965,
        IHEs must adopt a program to prevent the use of illicit drugs and alcohol and annually
        distribute standards of conduct that clearly prohibit the unlawful possession, use, or
        distribution of illicit drugs and alcohol on the institution's property or as part of any of its
        activities, and that describe applicable legal sanctions. An IHE's policy prohibiting
        marijuana use on campus may affect students with medical marijuana prescriptions by
        disallowing its use. It has been reported that IHEs may refuse to permit research on
        marijuana, as they could be at risk of losing sources of federal funds should they do so.

                                                                   Congressional Research Service
                                                                   https://crsreports.congress.gov
                                                                                         IN11204

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