![handle is hein.crs/govekuo0001 and id is 1 raw text is: Congressional Research Service
Informing the legislative debate since 1914
Updated March 6, 2023
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. Marijuana 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, in 2021, an estimated 36.4 million
individuals aged 12 or older used marijuana in the past
month. The percentage of individuals 12 or older who
reported using marijuana in the past month gradually
increased from 6.1% in 2008 to 13.0% in 2021-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frame during which a majority of states repealed state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) initially declined
during this time period-from 7.0% in 2008 to 6.5% in
2017 and 2018-before rising to 7.4% in 2019 and then
dropping to 5.8% in 2021, while adult (ages 18 and older)
use steadily increased-from 6.3% in 2008 to 13.7% in
2021.
Marijuana Control Under Federal Law
Due to its status as a Schedule I controlled substance, the
CSA prohibits the manufacture, distribution, dispensation,
and possession of marijuana except in federal government-
approved research studies. The CSA definition of marijuana
changed in 2018, with 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. Otherwise, the status of
marijuana as a Schedule I substance has remained
unchanged for more than 50 years. For an overview 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 Cannabs Law and Policy Trends
It is 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 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, 2023, 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. Congress initially placed marijuana in Schedule
I when it enacted the CSA in 1970. 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 March 1, 2023, 21 states, DC, Guam, and
the Northern Mariana Islands have enacted laws allowing
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.
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
covered conduct a low-level misdemeanor with no
possibility of jail time); however, civil penalties may
remain (e.g., someone possessing marijuana may receive a
ticket with a fine).](ViewImageLocal?handle=hein.crs/govekuo0001&div=1&collection=&method=preview&ext=.png&size=3)
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