![handle is hein.crs/govejqr0001 and id is 1 raw text is: Congressional Research Service
Informing the legislative debate since 1914
December 7, 2022
The Federal Status of Marijuana and the Expanding Policy Gap
with States
Marijuana is a psychoactive drug that generally consists of
leaves and flowers of the cannabis sativa plant and is a
Schedule I controlled substance under the federal
Controlled Substances Act (CSA; P.L. 91-513). Because of
that status, marijuana is strictly regulated by federal
authorities. Despite such regulation, 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, in 2020 an estimated 32.8 million
individuals aged 12 or older used marijuana in the past
month. The percentage of past-month users gradually
increased from 2008 (6.1%) to 2020 (11.8%)-a time frame
during which a majority of states legalized marijuana in
some form. The rate of past-month marijuana use among
youth (aged 12-17) during this time period, however,
declined-from 7.0% in 2008 to 6.5% in 2017 and 2018-
before rising to 7.4% in 2019 and then dropping to 5.9% in
2020, while adult (aged 18 and older) use steadily
increased-from 6.3% in 2008 to 12.4% in 2020.
Marijuana Control Under Federal Law
Due to its status as a Schedule I substance, the CSA
prohibits the manufacture, distribution, dispensation, and
possession of marijuana except for federal government-
approved research studies. While the CSA definition of
marijuana changed in 2018, which resulted in the removal
of hemp (cannabis containing no more than a 0.3%
concentration of delta-9-tetrahydrocannabinol [delta-9-
THC]-the psychoactive component) from the definition of
marijuana, the status of marijuana as a Schedule I substance
has remained unchanged for more than 50 years. For a
discussion of the history of marijuana control and a broader
discussion of current issues, see CRS Report R44782, The
Evolution of Marijuana as a Controlled Substance and the
Federal-State Policy Gap.
Marijuana use may subject an individual to a number of
consequences under federal law in addition to the penalties
for a conviction of a marijuana-related offense.
Consequences for marijuana use can include, but are not
limited to, the inability to purchase and possess a firearm
and being ineligible for federal housing, certain visas, and
federal employment and military service.
State Cannabks Law and Pohicy Trends
It is now increasingly common for states to have laws and
policies allowing for medical and/or recreational use of
marijuana-activities that violate the CSA. Evolving state-
level positions on marijuana include decriminalization
measures as well.
Medical Mariuana in States
In 1996, California became the first state to amend its drug
laws to allow for the medicinal use of marijuana. As of
December 1, 2022, 37 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. Ten additional states allow for limited-
access medical cannabis, which refers to low-THC
cannabis or cannabidiol (CBD) oil. Idaho, Kansas,
Nebraska, and American Samoa do not allow for the use of
medical marijuana or low-THC cannabis.
The CSA does not recognize the distinction states are
making between the medical and recreational use of
marijuana. Marijuana's continued classification as a
Schedule I controlled substance reflects a finding from the
Drug Enforcement Administration (DEA) and Food and
Drug Administration (FDA) that marijuana has a high
potential for abuse and no currently accepted medical use in
the United States.
Recreational Marijuana in States
Recreational marijuana legalization measures remove all
state-imposed penalties for specified activities involving
marijuana. As of December 1, 2022, 21 states, DC, Guam,
and the Northern Mariana Islands have enacted measures to
allow 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) have set up state-administered regulatory
schemes for the sale of marijuana.
Decrim inaliation
Since marijuana became a Schedule I controlled substance,
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 it a low-level
misdemeanor with no possibility of jail time); however,
civil penalties may remain (e.g., someone possessing
marijuana can be issued a ticket with a fine).
Marijuana as Medkcine and Federal
Involvement
Under federal law, a drug must be approved by FDA before
it may be marketed in the United States. To date, FDA has
not approved a marketing application for marijuana for the
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