About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

1 1 (May 14, 2024)

handle is hein.crs/govepvr0001 and id is 1 raw text is: State Marijuana Legalization and Federal Drug Law: A Brief Overview for Congress Updated May 14, 2024 State marijuana laws have changed significantly in recent years, and federal law appears poised to change in the coming months. At the state level, many states have enacted laws authorizing the use of marijuana for medical purposes. A smaller but growing number of states have also amended their laws to legalize or decriminalize marijuana use. At the federal level, in April 2024, news outlets reported that the Drug Enforcement Administration (DEA) planned to change the status of marijuana under the Controlled Substances Act (CSA) by moving it from Schedule I to the less restrictive Schedule III. Under current law, many cannabis-related activities that comply with state law may nonetheless violate the federal CSA. Moving marijuana to Schedule III would not bring state-legal marijuana markets into compliance with federal law. In light of recent and proposed changes to state and federal marijuana regulation, this Sidebar provides an overview of the divergence between federal and state marijuana law. It then briefly discusses the legal consequences of the divergence 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 tetrahydrocannabinol (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. Cannabis generally falls within one of two categories under federal law: marijuana or hemp. Unless an exception applies, the CSA classifies the cannabis plant and its derivatives as marijuana. However, the CSA definition of marijuana excludes (1) products that meet the legal definition ofhemp (discussed below) and (2) the mature stalks of the cannabis plant; the sterilized seeds of the plant; and fibers, oils, and other products made from the stalks and seeds. Congressional Research Service https://crsreports.congress.gov LSB10482

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Already a HeinOnline Subscriber?

Log In

profiles profiles most