In the United States, increased restrictions and labeling of cannabis as a poison began in many states from 1906 onward, and outright prohibitions began in the 1920s. By the mid-1930s cannabis was regulated as a drug in every state, including 35 states that adopted the Uniform State Narcotic Drug Act. The first national regulation was the Marihuana Tax Act of 1937.
In the United States, cannabis is legal in 39 of 50 states for medical use and 24 states for recreational use. At the federal level, cannabis is classified as a Schedule I drug under the Controlled Substances Act, determined to have a high potential for abuse and no accepted medical use, prohibiting its use for any purpose. Despite this prohibition, federal law is generally not enforced against the possession, cultivation, or intrastate distribution of cannabis in states where such activity has been legalized. Beginning in 2024, the Drug Enforcement Administration has initiated a review to potentially move cannabis to the less-restrictive Schedule III.
Brendan Van Johnson is an American attorney who served as the 40th United States Attorney for the District of South Dakota. He is the son of former U.S. Senator Tim Johnson and currently is a partner at Robins Kaplan LLP, where he serves as the Chair of the Firm's National Business Litigation Group and Member of the Firm's Executive Board. In 2024, Johnson was recognized as one of America's Top 200 Lawyers for his litigation work and representation of Native American tribes.
The legal history of cannabis in the United States began with state-level prohibition in the early 20th century, with the first major federal limitations occurring in 1937. Starting with Oregon in 1973, individual states began to liberalize cannabis laws through decriminalization. In 1996, California became the first state to legalize medical cannabis, sparking a trend that spread to a majority of states by 2016. In 2012, Washington and Colorado became the first states to legalize cannabis for recreational use.
Cannabis in South Dakota is legal for medical use as of July 1, 2021, having been legalized by a ballot initiative on November 3, 2020. Prior to then, cannabis was fully illegal, with South Dakota being the only U.S. state which outlawed ingestion of controlled substances. Testing positive for cannabis can be a misdemeanor offense. South Dakota would have become the first state in US history to legalize recreational and medical cannabis simultaneously, but an amendment legalizing recreational marijuana that was approved in the same election was struck down as unconstitutional the following February. The challenge claimed the amendment violated Amendment Z, the "Single-Subject Rule". The decision was appealed to the South Dakota Supreme Court, which upheld the lower court's decision on November 24, 2021.
Cannabis in Nebraska is legal for medical use. First offense for possession of small amounts was reduced to a civil infraction in 1979.
Cannabis in Arkansas is illegal for recreational use. First-time possession of up to four ounces (110 g) is punished with a fine of up to $2,500, imprisonment of up to a year, and a mandatory six month driver's license suspension. Medical use was legalized in 2016 by way of a ballot measure to amend the state constitution.
The Adult Use of Marijuana Act (AUMA) was a 2016 voter initiative to legalize cannabis in California. The full name is the Control, Regulate and Tax Adult Use of Marijuana Act. The initiative passed with 57% voter approval and became law on November 9, 2016, leading to recreational cannabis sales in California by January 2018.
The Florida Medical Marijuana Legalization Initiative, also known as Amendment 2, was approved by voters in the Tuesday, November 8, 2016, general election in the State of Florida. The bill required a super-majority vote to pass, with at least 60% of voters voting for support of a state constitutional amendment. Florida already had a medical marijuana law in place, but only for those who are terminally ill and with less than a year left to live. The goal of Amendment 2 is to alleviate those suffering from these medical conditions: cancer, epilepsy, glaucoma, positive status for human immunodeficiency virus (HIV), acquired immune deficiency syndrome (AIDS), post-traumatic stress disorder (PTSD), amyotrophic lateral sclerosis (ALS), Crohn's disease, Parkinson's disease, multiple sclerosis, chronic nonmalignant pain caused by a qualifying medical condition or that originates from a qualified medical condition or other debilitating medical conditions comparable to those listed. Under Amendment 2, the medical marijuana will be given to the patient if the physician believes that the medical use of marijuana would likely outweigh the potential health risks for a patient. Smoking the medication was not allowed under a statute passed by the Florida State Legislature, however this ban was struck down by Leon County Circuit Court Judge Karen Gievers on May 25, 2018.
Cannabis in Arizona is legal for recreational use. A 2020 initiative to legalize recreational use passed with 60% of the vote. Possession and cultivation of recreational cannabis became legal on November 30, 2020, with the first state-licensed sales occurring on January 22, 2021.
Cannabis in Missouri is legal for recreational use. A ballot initiative to legalize recreational use, Amendment 3, passed by a 53–47 margin on November 8, 2022. Possession for adults 21 and over became legal on December 8, 2022, with the first licensed sales occurring on February 3, 2023.
Cannabis in Florida is illegal for recreational use. Possession of up to 20 grams is a misdemeanor offense, punishable by up to a year in jail, a fine of up to $1000, and the suspension of one's driver's license. Several cities and counties have enacted reforms to apply lesser penalties, however.
Steven R. Jensen is the chief justice of the South Dakota Supreme Court since 2021. He was appointed as an associate justice by Governor Dennis Daugaard in 2017. He became the 50th member of the court, succeeding Justice Lori S. Wilbur.
Ashley Brooke Moody is an American attorney and politician who has served since 2019 as the 38th attorney general of Florida. Moody previously served as an assistant U.S. attorney and a circuit court judge in Hillsborough County.
South Dakota Initiated Measure 26 was a 2020 voter initiative to legalize medical cannabis in the U.S. state of South Dakota. The initiative was certified by the South Dakota Secretary of State for the 2020 ballot on December 19, 2019. The sponsor of the initiative was New Approach South Dakota, a volunteer group headed by Melissa Mentele. The group had unsuccessfully tried to get an initiative on the 2018 ballot. Polling in September 2020 indicated 70% voter support for the initiative.
Montana I-190, the Montana Marijuana Legalization and Tax Initiative was a cannabis legalization initiative that appeared on the November 3, 2020 Montana general election ballot. Passing with 57% approval, the initiative legalized recreational marijuana in the state effective January 1, 2021. Along with Arizona, New Jersey and South Dakota, Montana was one of four states that legalized cannabis via ballot measures in the November 2020 election.
South Dakota state elections in 2020 were held on Tuesday, November 3, 2020. Its primary elections were held on June 2, 2020.
2022 Missouri Constitutional Amendment 3, also known as the Marijuana Legalization Initiative, was a ballot measure to amend the Constitution of Missouri to legalize cannabis at the state level in Missouri. The measure was on the November 7, 2022, general ballot and was approved by voters with a margin of 53–47 percent.
