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                   Resarh Service






State Marijuana Legalization and Federal

Drug Law: A Brief Overview for Congress



May 29, 2020
On May 21, 2020, Virginia Governor Ralph Northam signed legislation decriminalizing the possession of
marijuana under Virginia state law. Under the new Virginia law, possession of up to an ounce of marijuana
will be punishable by a civil penalty of no more than $25. The new statute does not make marijuana
possession legal; instead, individuals who possess small amounts of marijuana for personal use will no
longer face jail time under state law. Another Virginia statute enacted in 2020 permits the possession of
certain cannabis-derived products for medical purposes. Virginia is one of a number of states that in
recent years have relaxed criminal prohibitions on the production, distribution, and possession of
cannabis. Following these changes to state law, medical and recreational cannabis businesses have begun
operating openly in some parts of the United States.
News outlets reporting recent changes to state marijuana laws often broadly refer to such efforts as either
decriminalizing or legalizing marijuana, with some reports suggesting that cannabis businesses that
comply with state law are legal. However, news reports rarely define those terms or consider the
interplay between state and federal law. In fact, many cannabis-related activities that comply with state
law may nonetheless violate the federal Controlled Substances Act (CSA). In light of recent changes to
state marijuana regulation, this Sidebar provides background on the primary legal regimes that apply to
cannabis, with a focus on the divergence between federal and state controlled substances law. It then
briefly discusses the legal consequences of the status of cannabis under the CSA and outlines certain
related considerations for Congress.

Classifying Cannabis under Federal Law
The plant Cannabis sativa L. and products derived from that plant have a number of uses and may be
subject to several overlapping legal regimes. Some of the chemicals found in cannabis, known as
cannabinoids, produce a psychoactive effect. Thus, varietals of cannabis containing significant amounts of
those chemicals, particularly the psychoactive cannabinoid delta-9 tetrahydrocatiabinol (THC), may be
used as a recreational drug. Cannabis and cannabis derivatives-including the non-psychoactive
cannabinoid cannabidiol (CBD)-may also be used for medical purposes. In addition, low-THC varietals
of cannabis, often called hemp, have varied commercial and industrial applications including use in
building materials, fibers, and personal care products.

                                                                Congressional Research Service
                                                                  https://crsreports.congress.gov
                                                                                     LSB10482

CRS LegM Sideba
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