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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. Since its descheduling in 2020, 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.
In the United States, the removal of cannabis from Schedule I of the Controlled Substances Act is a proposed legal and administrative change in cannabis-related law at the federal level. It has been proposed repeatedly since 1972. The category is the most tightly restricted category reserved for drugs that have "no currently accepted medical use.”
In the United States, the non-medical use of cannabis is legalized in 19 states and decriminalized in 12 states as of May 2022. 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.
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.
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 (CSA) 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 of cannabis for medical purposes is legal in 37 states, four out of five permanently inhabited U.S. territories, and the District of Columbia, as of February 2022. Eleven other states have more restrictive laws limiting THC content, for the purpose of allowing access to products that are rich in cannabidiol (CBD), a non-psychoactive component of cannabis. There is significant variation in medical cannabis laws from state to state, including how it is produced and distributed, how it can be consumed, and what medical conditions it can be used for.
Cannabis is a plant used in Australia for recreational, medicinal and industrial purposes. In 2019, 36% of Australians over the age of fourteen years had used cannabis in their lifetime and 11.6% had used cannabis in the last 12 months.
Cannabis in California has been legal for medical use since 1996, and for recreational use since late 2016. The state of California has been at the forefront of efforts to liberalize cannabis laws in the United States, beginning in 1972 with the nation's first ballot initiative attempting to legalize cannabis. Although it was unsuccessful, California would later become the first state to legalize medical cannabis with the passage of the Compassionate Use Act of 1996. In November 2016, California voters approved the Adult Use of Marijuana Act to legalize the recreational use of cannabis.
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 (CSA). 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. Despite this, most states have legalized either or both the medical and recreational use of cannabis.
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 Guam has been legal for medical use since 2015 and legal for recreational use since April 2019. Guam was the first United States Territory to legalize medical marijuana, passing via a ballot referendum in 2014.
Cannabis in Louisiana is legal only for medicinal use; recreational possession of 14 grams or less is decriminalized punishable by a fine of no more than $100. Medicinal use is allowed with a physician's written recommendation for any debilitating condition. Prior to statewide decriminalization, possession of small amounts of marijuana was first decriminalized in the cities of New Orleans, Baton Rouge, and Shreveport.
Cannabis in Texas is illegal for recreational use. Possession of up to two ounces is a class B misdemeanor, punishable by up to 180 days in prison, a fine of up to $2000, or both. However, several of the state's major municipalities have enacted reforms to apply lesser penalties or limit enforcement.
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 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 legal for recreational use as of June 29, 2021. A bill to legalize recreational use – House Bill 2, the Cannabis Regulation Act – was signed by Governor Michelle Lujan Grisham on April 12, 2021. The first licensed sales of recreational cannabis began on April 1, 2022.
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.
Cannabis in Ohio is legal for medical use and illegal for recreational use. Since 1975, possession of up to 100 grams has been decriminalized, with several of the state's major cities having enacted further reforms. Medical use was legalized in 2016 through a bill passed by the state legislature.
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.
Cannabis in Saint Kitts and Nevis is illegal but decriminalized. Cannabis is grown on the islands for local consumption, previously in the mountainous interior for the most part, but more recently in abandoned sugar cane fields as well.
References
- ↑ William R. Brownfield (May 2011). International Narcotics Control Strategy Report: Volume I: Drug and Chemical Control. DIANE Publishing. ISBN 978-1-4379-8272-5.
- 1 2 Lamers, Matt (3 December 2019). "Barbados medical cannabis law clears final hurdle in Parliament". Marijuana Business Daily. Retrieved 19 January 2020.
- ↑ "Barbados boards marijuana train". Jamaica Observer. 15 January 2020. Retrieved 19 January 2020.
- ↑ McDonald, Clydeen (17 January 2020). "Barbados Tiptoes Ahead With Cannabis Plans—Carefully". Cannabis Wire. Retrieved 19 January 2020.
