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The legality of cannabis for medical and recreational use varies by country, in terms of its possession, distribution, and cultivation, and how it can be consumed and what medical conditions it can be used for. These policies in most countries are regulated by three United Nations treaties: the 1961 Single Convention on Narcotic Drugs, the 1971 Convention on Psychotropic Substances, and the 1988 Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. Cannabis is classified as a Schedule I drug under the Single Convention treaty, meaning that signatories can allow medical use but that it is considered to be an addictive drug with a serious risk of abuse.
Amendment 44 was a proposed amendment to the state statutes submitted for referendum in the 2006 general elections in the U.S. state of Colorado. The amendment proposed the legalization of the possession of one ounce or less of marijuana for any person twenty-one years of age and over, as long as marijuana use does not occur in public. The measure was eventually defeated at the polls by 60–40 percent.
In the United States, the non-medical use of cannabis is legalized in 17 states and decriminalized in 14 states as of June 2021. Decriminalization refers to a policy of reduced penalties for cannabis offenses, typically involving a civil penalty for possessing small amounts, instead of criminal prosecution or the threat of arrest. In jurisdictions without penalty the policy is referred to as legalization, although the term decriminalization is sometimes used for this purpose as well.
The legal history of cannabis in the United States pertains to the regulation of cannabis for medical, recreational, and industrial purposes 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.
Drug liberalization is the process of decriminalizing or legalizing the use or sale of drugs. Variations of drug liberalization include: drug legalization, drug relegalization and drug decriminalization.
The use, sale, and possession of cannabis over 0.3% THC in the United States, despite laws in many states permitting it under various circumstances, is illegal under federal law. As a Schedule I drug under the federal Controlled Substances Act of 1970, cannabis over 0.3% THC is considered to have "no accepted medical use" and have a high potential for abuse and physical or psychological dependence. Cannabis use is illegal for any reason, with the exception of FDA-approved research programs. However, individual states have enacted legislation permitting exemptions for various uses, including medical, industrial, and recreational use.
In the United States, the use and possession of cannabis is illegal under federal law for any purpose, by way of the Controlled Substances Act of 1970. Under the CSA, cannabis is classified as a Schedule I substance, determined to have a high potential for abuse and no accepted medical use – thereby prohibiting even medical use of the drug. However, at the state level policies regarding the medical and recreational use of cannabis vary greatly, and in many states conflict significantly with federal law.
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.
In the U.S. state of Maine, marijuana (cannabis) is legal for recreational use. It was originally prohibited in 1913. Possession of small amounts of the drug was decriminalized in 1976 under state legislation passed the previous year. The state's first medical cannabis law was passed in 1999, allowing patients to grow their own plants. The cities of Portland and South Portland decriminalized the possession and recreational use of marijuana in 2013 and 2014, respectively.
Cannabis in South Dakota will be legal for medical use on 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". This decision was appealed to the South Dakota Supreme Court with both sides making their case on April 28, 2021.
Cannabis in Virginia is legal for medical use and will be legal for adult recreational use on July 1, 2021. Cannabis is currently decriminalized per possession of less than 1 ounce (28 g) of cannabis which in Virginia carries the presumption of personal use, carrying a $25 civil fine. Per 2015 law possession of CBD oil or THC-A oil entails an affirmative defense for patients who have a doctor's recommendation for those substances to treat severe epilepsy. Legislation passed in 2019 allows doses to contain up to 10 mg of THC. The high-quality products can be ordered in DC.
Cannabis in the United States Virgin Islands is illegal for recreational use, but possession of under 1 ounce (28 g) is decriminalized. Medical use was legalized in 2019 through a bill that passed the Senate 9–4.
Cannabis in Pennsylvania is illegal for recreational use, but possession of small amounts is decriminalized in several of the state's largest cities. Medical use was legalized in 2016 through a bill passed by the state legislature.
Cannabis in Missouri is illegal for recreational use, but decriminalized through legislation passed in 2014. Medical use was legalized in 2018 through a ballot initiative to amend the state constitution. The first licensed sales began in October 2020.
Cannabis in New Mexico is decriminalized and will become legal for recreational use on June 29, 2021. A bill to legalize recreational use was signed by Governor Michelle Lujan Grisham on April 12, 2021, with the first licensed sales to occur by April 1, 2022.
The use of cannabis in Belize is common and largely tolerated; however, possession can result in fines or imprisonment. Possession or use of 10 grams or less on private premises was decriminalized in November 2017.
Cannabis in Dominica is a Class B drug to cultivate, sell or possess. This means that possession is punishable by 12 months and $12,000 (summary) or 2 years and $20,000. Supplying, production, or importation are punishable by 3 years and $100,000 (summary) or 14 years and $200,000.
The list includes and details significant events that occurred in the global history of national-level implementations of, or changes made to, laws surrounding the use, sale, or production of the psychoactive drug cannabis.
The Cannabis Act (C-45) of June, 2018 paved the way to the legalization of cannabis in Canada on October 17, 2018. Police and prosecution services in all Canadian jurisdictions are currently capable of pursuing criminal charges for cannabis marketing without a licence issued by Health Canada. The Supreme Court of Canada has held that the federal Parliament has the power to criminalise the possession of cannabis and that doing so does not infringe the Canadian Charter of Rights and Freedoms. The Ontario Court of Appeal and the Superior Court of Ontario have, however, held that the absence of a statutory provision for medical marijuana is unconstitutional, and to that extent the federal law is of no force and/or effect if a prescription is obtained. The recreational use of cannabis has been legalized by the federal government, and took effect on October 17, 2018.
U.S. President Joe Biden stated in February 2021 that his administration will pursue cannabis decriminalization, as well as seek expungements for people with prior cannabis convictions.
References
- 1 2 3 Lamers, Matt (19 April 2018). "After decriminalizing cannabis, Antigua preps full legalization". Marijuana Business Daily. Retrieved 27 October 2018.
- ↑ "Antigua to Legalize Marijuana – Urges other Countries to Follow Suit – HTS News 4orce". Cannabis After Dark. 22 October 2018. Archived from the original on October 27, 2018. Retrieved 27 October 2018.
- ↑ William R. Brownfield (May 2011). International Narcotics Control Strategy Report: Volume I: Drug and Chemical Control. DIANE Publishing. pp. 248–. ISBN 978-1-4379-8272-5.
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