The use, sale, and possession of cannabis containing over 0.3% THC by dry weight in the United States, despite laws in many states permitting it under various circumstances, is illegal under federal law.[5] As a Schedule I drug under the federal Controlled Substances Act (CSA) of 1970, cannabis containing over 0.3% THC by dry weight (legal term marijuana) is considered to have "no accepted medical use" and a high potential for abuse and physical or psychological dependence.[6] Cannabis use is illegal for any reason, with the exception of FDA-approved research programs.[7] However, individual states have enacted legislation permitting exemptions for various uses, including medical, industrial, and recreational use.[8][9]
Cannabis for industrial uses (hemp) was made illegal to grow without a permit under the CSA because of its relation to cannabis as a drug, and any imported products must adhere to a zero tolerance policy.[10][11] The Agricultural Act of 2014 allows for universities and state-level departments of agriculture to cultivate cannabis for research into its industrial potential.[12] In December 2018, hemp was permitted to be grown in the U.S. under federal law after the Hemp Farming Act was included in the passed 2018 Farm Bill.[13]
As a psychoactive drug, cannabis continues to find extensive favor among recreational and medical users in the U.S.[14][15] As of 2023, twenty-four states, three U.S. territories, and the District of Columbia have legalized recreational use of cannabis. Thirty-eight states, four U.S. territories, and D.C. have legalized medical use of the drug. Multiple efforts to reschedule cannabis under the CSA have failed, and the U.S. Supreme Court has ruled in United States v. Oakland Cannabis Buyers' Cooperative (2001) and Gonzales v. Raich (2005) that the federal government has a right to regulate and criminalize cannabis, whether medical or recreational. As a result, cannabis dispensaries are licensed by each state;[16] these businesses sell cannabis products that have not been approved by the U.S. Food and Drug Administration,[17] nor are they legally registered with the federal government to sell controlled substances.[18] Although cannabis has not been approved, the FDA recognizes the potential benefits and has approved two drugs that contain components of marijuana.[19]
The ability of states to implement cannabis legalization policies was weakened after U.S. Attorney General Jeff Sessions rescinded the Cole Memorandum on January 4, 2018, and issued a new memo instructing U.S. attorneys to enforce federal law related to marijuana.[20] The Cole memo, issued by former Deputy Attorney General James Cole in 2013, urged federal prosecutors to refrain from targeting state-legal marijuana operations.[21] Regarding the medical use of cannabis, the Rohrabacher–Farr amendment still remains in effect to protect state-legal medical cannabis activities from enforcement of federal law.[22][23]
Historic overview
The Marihuana Tax Act of 1937 was one of the first measures to cannabis nationwide.[24] This act was overturned in 1969 in Leary v. United States, and was repealed and replaced with the Controlled Substances Act (CSA) by Congress the next year.[25] Under the CSA cannabis was assigned a Schedule I classification, deemed to have a high potential for abuse and no accepted medical use – thereby prohibiting even medical use of the drug. The classification has remained since the CSA was first signed into law, despite multiple efforts to reschedule.[26][27] In direct response, the U.S. Libertarian Party was one of the first major parties to endorse cannabis legalization in their first platform in 1972 which stated, "We favor the repeal of all laws creating "crimes without victims" now incorporated in Federal, state and local laws—such as laws on voluntary sexual relations, drug use, gambling, and attempted suicide."[28] As cannabis prohibition continued into the 21st Century, the U.S. Marijuana Party was formed in 2002 as a single-issue party to end the war on drugs and to legalize cannabis.[29] States have also begun to engage in the process of nullification to override federal laws pertaining to cannabis. California started the trend by legalizing medicinal cannabis in 1996.[30] Now, cannabis has been fully legalized for recreational use in 24 states, three U.S. territories and Washington D.C., with most states having some sort of state nullification of federal cannabis laws.[31] In 1969, Gallup conducted a poll asking Americans whether "the use of marijuana should be legal" with only 12% at the time saying yes.[32] In 1977, it rose to 28% and experienced a period of gradual increase thereafter. According to the latest poll, two-thirds of Americans think marijuana use should be legal.[33] In addition, a report by Business Insider indicates that in 2022 alone, Americans spent an estimated $30 billion on legal marijuana products. The report further predicts that legal pot sales could surpass $33 billion in the current year, surpassing combined sales of chocolate and craft beer.[34]
Usage
A large cannabis flower bud, Alaska
Roger Roffman, a professor of social work at the University of Washington, asserted in July 2013 that "approximately 3.6 million Americans are daily or near daily users."[35] Peter Reuter, a professor at the School of Public Policy and the Department of Criminology at the University of Maryland, College Park, said that "experimenting with marijuana has long been a normal part of growing up in the U.S.; about half of the population born since 1960 has tried the drug by age 21."[35] A World Health Organization survey found that the U.S. is the world's leading per capita marijuana consumer.[36] The 2007 National Survey on Drug Use & Health prepared by the U.S. Department of Health and Human Services indicated that 14.4 million U.S. citizens over the age of 12 had used marijuana within a month.[37] The 2008 survey found that 35 million Americans[38] were willing to tell government representatives[39] that they had used marijuana in the past year.[38]
According to the 2001 National Survey on Drug Use and Health by the Substance Abuse and Mental Health Services Administration, a branch of the U.S. Department of Health and Human Services, 41.9% (more than 2 in 5) of all Americans 12 or older have used cannabis at some point in their lives, while 11.5% (about 1 in 9) reported using it "this year."[40] According to a 2022 Gallup survey, 16% of Americans reported being marijuana smokers (up from 7% in 2013) and 48% reported trying marijuana at some point in their lifetimes (up from 4% in 1969).[41]
Medical use is a common reason why people use marijuana. According to the National Institute on Drug Abuse, "The term medical marijuana refers to using the whole unprocessed marijuana plant or its basic extracts to treat a disease or symptom." However, the U.S. Food and Drug Administration (FDA) has not officially approved marijuana as a medicine.[42]
Since the Controlled Substances Act of 1970 classified marijuana as a Schedule I drug, until the passage of the 2018 United States farm bill, under federal law it was illegal to possess, use, buy, sell, or cultivate cannabis in all U.S. jurisdictions. As a Schedule I substance, the highest restriction of five different schedules of controlled substances, it is claimed cannabis has a high potential for abuse and has no acceptable medical use. Despite this federal prohibition, some state and local governments established laws attempting to decriminalize cannabis, which has reduced the number of "simple possession" offenders sent to jail, since federal law enforcement rarely targets individuals directly for such relatively minor offenses. Other state and local governments ask law enforcement agencies to limit enforcement of drug laws with respect to cannabis. However, under the Supremacy Clause of the U.S. Constitution, federal law preempts conflicting state and local laws. In most cases, the absence of a state law does not present a preemption conflict with a federal law.[23]
In January 2009, President Barack Obama's transition team organized a poll to clarify some of the top issues the American public wants to have his administration look into, and two of the top ten ideas were to legalize the use of cannabis.[43] In July 2009, Gil Kerlikowske, Director of the Office of National Drug Control Policy, clarified the federal government's position when he stated that "marijuana is dangerous and has no medicinal benefit" and that "legalization is not in the president's vocabulary, and it's not in mine."[44] However, a January 2010 settlement between the U.S. Drug Enforcement Administration and the Wo/Men's Alliance for Medical Marijuana (WAMM) provided an example confirming the administration policy as communicated by Attorney General Eric Holder, as WAMM reached an agreement that allowed them to re-open after being shut down by the federal government in 2002.[45][46]
Following the 2012 presidential election, the Office of National Drug Control Policy under the Obama administration stated that it "steadfastly opposes legalization of marijuana and other drugs because legalization would increase the availability and use of illicit drugs, and pose significant health and safety risks".[47] In February 2014, the administration issued guidelines to banks for conducting transactions with legal marijuana sellers so these new businesses can stash away savings, make payroll, and pay taxes like any other enterprise.[48] However, marijuana businesses still lack access to banks and credit unions due to Federal Reserve regulations.[49]
On August 29, 2013, the Justice Department adopted a new policy (known as the Cole memo) regarding the enforcement of federal law in states that have legalized non-medical cannabis. The policy specified that commercial distribution of cannabis would be generally tolerated, except in certain circumstances, such as if violence or firearms are involved, the proceeds go to gangs and cartels, or if the cannabis is distributed to states where it is illegal.[50]
On December 11, 2014, the Department of Justice told U.S. attorneys to allow Native American tribes on reservations to grow and sell marijuana, even in states where it is illegal. The policy will be implemented on a case-by-case basis and tribes must still follow federal guidelines.[51]
On May 30, 2014, the U.S. House of Representatives passed the Rohrabacher–Farr amendment, prohibiting the Justice Department from spending funds to interfere with the implementation of state medical marijuana laws. The amendment became law in December 2014, and must be renewed each year in order to remain in effect.[52]
On March 10, 2015, U.S. Senators Rand Paul, Kirsten Gillibrand, and Cory Booker introduced the Compassionate Access, Research Expansion and Respect States Act or CARERS Act. The bipartisan bill would move cannabis from Schedule I to Schedule II of the Controlled Substances Act. This would allow states with medical cannabis laws to legally prescribe it, and allow for much easier research into its medical efficacy. The bill would also allow grow sites besides the University of Mississippi, which has long been the sole supplier of cannabis for academic research, to supply cannabis for study.[53]
The Food and Drug Administration has approved two synthetic cannabis drugs for treating cancer and other medical issues.[54] The federal government of the U.S. continues to argue that smoked cannabis has no recognized medical purpose (pointing to a definition of "medical purpose" published by the DEA, not the Food and Drug Administration, the National Institutes of Health, the Centers for Disease Control, or the office of the U.S. Surgeon General and the U.S. Public Health Service). Many officials point to the difficulty of regulating dosage of cannabis (a problem for treatment as well as research), despite the availability (in Canada and the United Kingdom) of dosage-controlled Sativex. The U.S. has also pressured other governments (especially Canada and Mexico, with which it shares borders) to retain restrictions on marijuana.
On January 4, 2018, the Cole memo was rescinded by Attorney General Jeff Sessions, restoring the ability of US Attorneys to enforce federal law in states that have legalized non-medical cannabis.[55]
On December 20, 2018, President Donald Trump signed the farm bill which descheduled hemp, making cannabis under 0.3% THC legal once again.[56] The law may have inadvertently allowed cultivation of hemp plants with high levels of delta-8-THC, which is also psychoactive and has since become more popular recreationally across the U.S.[57]
In February 2019, three researchers used MedMen as a case study to illustrate their concerns with marijuana companies' marketing practices.[58] The authors criticized MedMen's use of health claims without health warnings and their appeals to youth. They called for federal regulators to investigate the marketing practices of MedMen and other US-based marijuana companies.
In June 2021, Supreme Court justice Clarence Thomas stated that "A prohibition on interstate use or cultivation of marijuana may no longer be necessary or proper to support the federal government's piecemeal approach," criticizing "[t]he federal government's ... half-in, half-out regime that simultaneously tolerates and forbids local use of marijuana."[59]
In 2022, President Joe Biden released a budget proposal that did not extend protections for states violating federal laws around marijuana. It also did not give the District of Columbia permission to legalize, which drew mild surprise among political observers given the Democratic Party's support of D.C. autonomy.[60]
While marijuana has been decriminalized throughout many states in the US, it remains a Schedule I drug as of January 2024. However, on January 12, 2024, the FDA announced its recommendation that marijuana be moved to a Schedule III drug, which is a much less strictly-regulated category and would acknowledge its potential for medical use.[63] If marijuana is rescheduled according to these recommendations, it would no longer be placed alongside drugs such as heroin and, instead, be placed alongside drugs such as ketamine.
In 1973 Oregon became the first state to decriminalize cannabis, and in 2012 Colorado and Washington became the first states to legalize recreational use.[64] As of November 2023, twenty-four states (Alaska, Arizona, California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nevada, New Jersey, New Mexico, New York, Ohio, Oregon, Rhode Island, Vermont, Virginia, and Washington), Guam, the Northern Mariana Islands, the U.S. Virgin Islands, and the District of Columbia have legalized recreational use of cannabis, with all but Virginia and D.C. having legalized its commercial sale.[65] Another 7 states are considered to have decriminalization policies in effect.[65]
In 1996, California became the first state to legalize the medical use of cannabis when voters approved Proposition 215.[64] As of March 2023, thirty-eight states, four out of five permanently inhabited U.S. territories, and the District of Columbia have legalized medical cannabis.[9] Ten 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.[9]
D Decriminalized Notes: · Reflects law of states and territories, including laws which have not yet gone into effect. Does not reflect federal, tribal, or local laws. · Hemp and hemp-derived products have been legal since the enactment of the 2018 Farm Bill.
Prior to 2021, the National Center for Natural Products Research in Oxford, Mississippi was the only facility in the U.S. that was federally licensed by the Drug Enforcement Administration to cultivate cannabis for scientific research. The facility is part of the School of Pharmacy at the University of Mississippi, and cultivates cannabis through a contract with the National Institute on Drug Abuse, to which it provides the cannabis.
Cannabis research has been hindered by the monopoly held by the National Institute on Drug Abuse that existed prior to 2021.[66] The cannabis supplied by NIDA has been criticized by researchers for a variety of reasons, including high amounts of stems and seeds,[67] high mold and yeast levels,[68] low THC content,[26] and low diversity of strains available.[67] NIDA has also been criticized for the length of time in which it responds to proposals, and for favoring research on the harms caused by cannabis over research on the health benefits of cannabis.[69] In August 2016 the DEA announced intention to issue additional cultivation licenses, however,[70] and in 2021 the first licenses were granted.[71][72]
The great majority of cannabis arrests are for possession.[81] However, in 1997, the vast majority of inmates in state prisons for marijuana-related convictions were convicted of offenses other than simple possession.[82]
According to the Federal Bureau of Investigation's annual Uniform Crime Report, there have been over twelve million cannabis arrests in the U.S. since 1996, including 749,825 persons for marijuana violations in 2012. Of those charged with marijuana violations in 2012, 658,231 (88%) were charged with possession only. The remaining 91,593 individuals were charged with "sale/manufacture", a category that does not differentiate for cultivation offenses, even those where the marijuana was being grown for personal or medical use. Marijuana arrests comprise almost one-half (48.3%) of all drug arrests reported in the U.S.[83] According to the American Civil Liberties Union, there were 8.2 million marijuana arrests from 2001 to 2010, and 88% of those arrests were just for having marijuana with them.[84]
Racial disparity in marijuana arrests
In a study done by the American Civil Liberties Union, from 2001 to 2010 Black and white people use marijuana at about the same rate.[85] Nationwide, Black people are 3.6 times more likely than white people to be arrested for marijuana, despite similar usage rates.[86] Racial disparities vary in severity among states. For example, Colorado has the lowest disparity with Black people being 1.5 more likely than whites to be arrested for marijuana. On the other hand, in Montana, Kentucky, Illinois, West Virginia and Iowa, Black people are more than seven times more likely to be arrested for marijuana than white people.[86] Nonetheless, in all states whether marijuana is legalized, decriminalized or illegal, Black people still are more likely of going to prison on marijuana charges,[86] proving that legalizing or decriminalizing marijuana alone will not change the disparity.
Racial profiling among law enforcement is to blame for these disparities. Law enforcement often targets people on their actual and perceived race instead of having reasonable suspicion for a crime.[86] Minor offense like possession of marijuana are strictly enforced in racial communities, while the same offenses are often ignored in white affluent communities.[86] This racial profiling results in the mass incarceration of Black, Hispanic and Latino individuals.
The Grassroots Party was founded in Minnesota in 1986 and ran numerous candidates for state and federal offices. The party was active in Iowa, Minnesota, and Vermont. Grassroots Party ran candidates in every presidential election from 1988 to 2000.[89][90][91][92]
In 1998, an independent candidate, Edward Forchion, ran for Congress from New Jersey as the Legalize Marijuana Party candidate. Since then, Forchion has run several times for a number of offices, under that banner.
The Marijuana Reform Party was established in New York, in 1998, and ran gubernatorial candidates there in both 1998 and 2002.[94]
The U.S. Marijuana Party is an organization that promotes electoral involvement by marijuana legalization supporters. In 2012, the group endorsed Libertarian Gary Johnson for President.
The Anti-prohibition Party ran candidates for office in New York State for one election cycle in 2010.
In 2010 and 2012, independent candidate Cris Ericson was on the ballot for multiple offices in Vermont under the label of U.S. Marijuana.
In July 2016, delegates at the 2016 Democratic National Convention voted to approve a party platform calling for cannabis to be removed from the list of Schedule I substances, as well as calling for a "reasoned pathway for future legalization".[98]
Polling
Gallup began polling the public as to the issue of legalizing cannabis in 1969; in that year 12% were in favor.[99] The 2017 Gallup poll showed a record high of 64% in favor of legalizing cannabis, including a majority of Republicans for the first time.[100] In 2018, the same poll increased to an all-new high of 68%, showing that the great majority of Americans favored legalizing recreational marijuana.[101]
According to a 2013 survey by Pew Research Center, a majority of Americans favored complete or partial legalization of cannabis.[102] The survey showed 52% of respondents support cannabis legalization and 45% do not. College graduates' support increased from 39% to 52% in just three years, the support of self-identified conservative Republicans (a group not traditionally supportive of cannabis legalization) had increased to nearly 30%, and bipartisan support had increased across the board. The 2018 version of the poll showed public support had increased to 61%.[103]
Attitudes regarding marijuana regulation changed as some states (Colorado, Washington, Oregon, Maine, and Alaska) passed their own laws legalizing marijuana for recreational use. According to a Gallup Poll published in December 2012, 64% of Americans believe the federal government should not intervene in these states.[104]
A 2018 study in Social Science Research found that the main determinants of these changes in attitudes toward marijuana regulation since the 1990s were a decline in perception of the riskiness of marijuana, changes in media framing of marijuana, a decline in overall punitiveness, and a decrease in religious affiliation.[105]
Marijuana legalization polled as very popular in 2019 according to three major national polls.[106] In fact, research indicates that communities with legal, recreational marijuana use have seen home values rise more quickly than communities where recreational use remains illegal.[107]
Medical cannabis, or medical marijuana (MMJ), is cannabis and cannabinoids that are prescribed by physicians for their patients. The use of cannabis as medicine has not been rigorously tested due to production and governmental restrictions, resulting in limited clinical research to define the safety and efficacy of using cannabis to treat diseases.
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 24 states and decriminalized in 7 states, as of November 2023. 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.
Drug liberalization is a drug policy process of decriminalizing or legalizing the use or sale of prohibited drugs. Variations of drug liberalization include: drug legalization, drug re-legalization and drug decriminalization. Proponents of drug liberalization may favor a regulatory regime for the production, marketing, and distribution of some or all currently illegal drugs in a manner analogous to that for alcohol, caffeine and tobacco.
Cannabis in Oregon is legal for both medical and recreational use. In recent decades, the U.S. state of Oregon has had a number of legislative, legal, and cultural events surrounding use of cannabis. Oregon was the first state to decriminalize the possession of small amounts of cannabis, and among the first to authorize its use for medical purposes. An attempt to recriminalize possession of small amounts of cannabis was turned down by Oregon voters in 1997.
In the United States, the use of cannabis for medical purposes is legal in 38 states, four out of five permanently inhabited U.S. territories, and the District of Columbia, as of March 2023. Ten 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.
In Colorado, cannabis has been legal for medical use since 2000 and for recreational use since late 2012. On November 7, 2000, 54% of Colorado voters approved Amendment 20, which amended the State Constitution to allow the use of marijuana in the state for approved patients with written medical consent. Under this law, patients may possess up to 2 ounces (57 g) of medical marijuana and may cultivate no more than six marijuana plants. Patients who were caught with more than this in their possession could argue "affirmative defense of medical necessity" but were not protected under state law with the rights of those who stayed within the guidelines set forth by the state. The Colorado Amendment 64, which was passed by voters on November 6, 2012, led to recreational legalization in December 2012 and state-licensed retail sales in January 2014. The policy has led to cannabis tourism. There are two sets of policies in Colorado relating to cannabis use: those for medicinal cannabis and for recreational drug use along with a third set of rules governing hemp.
In the United States, cannabis is legal in 38 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.
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 Massachusetts is legal for medical and recreational use. It also relates to the legal and cultural events surrounding the use of cannabis. A century after becoming the first U.S. state to criminalize recreational cannabis, Massachusetts voters elected to legalize it in 2016.
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.
The use of cannabis as a recreational drug has been outlawed in many countries for several decades. As a result of long-fought legalization efforts, several countries such as Uruguay and Canada, as well as several states in the US, have legalized the production, sale, possession, and recreational and/or medical usage of cannabis. The broad legalization of cannabis in this fashion can have numerous effects on the economy and society in which it is legalized.
Cannabis in Minnesota is legal for recreational use as of August 1, 2023. On May 30, 2023, Governor Tim Walz signed House File 100 into law, legalizing the use, possession, and cultivation of cannabis within the state. Licenses for commercial sales will likely not be issued until 2025, in order for the Office of Cannabis Management to establish regulatory frameworks.
Cannabis in Washington relates to a number of legislative, legal, and cultural events surrounding the use of cannabis. On December 6, 2012, Washington became the first U.S. state to legalize recreational use of marijuana and the first to allow recreational marijuana sales, alongside Colorado. The state had previously legalized medical marijuana in 1998. Under state law, cannabis is legal for medical purposes and for any purpose by adults over 21.
The possession, use, and distribution of cannabis without a license in the State of Israel are violations under the Dangerous Drugs Ordinance. A decade ago, despite these regulations, enforcement was relatively lax, partially influenced by a political movement advocating tolerance. Over the years, the enforcement approach has progressively become more lenient. As of 2021, cannabis use has been fully decriminalized, with it being treated as an administrative infraction primarily when used in highly visible public places. There is a possibility that cannabis may be legalized for recreational use by adults aged 21 and older in the future, with regulations akin to those for alcohol. Public and cross-party political support for the complete decriminalization of cannabis increased in the 2010s with increasing usage for both medical and recreational purposes, and the establishment of a political party primarily devoted to this cause; on July 19, 2018, the Knesset approved a bill for decriminalization, although the supporters of recreational cannabis use insisted that this did not represent complete decriminalization. The law came into effect on April 1, 2019. On June 25, 2020, further legislation designed to decriminalize possession of up to 50 grams of cannabis began its passage through the Knesset.
The Cannabis Act (C-45) of June, 2018 paved the way for the legalization of cannabis in Canada on 17 October 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 criminalize the possession of cannabis and that doing so does not infringe upon 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 17 October 2018.
The Donald Trump administration took positions against marijuana and against the easing of laws regarding marijuana. Although Trump indicated during his 2016 presidential campaign that he favored leaving the issue of legalization of marijuana to the states, his administration subsequently upheld the federal prohibition of cannabis, and Trump's 2021 fiscal budget proposal included removing protections for state medical marijuana laws. In 2018, the administration rescinded the 2013 Cole Memorandum, an Obama-era Justice Department policy that generally directed federal prosecutors not to pursue marijuana prosecutions in states where marijuana is legal as a matter of state law.
Cannabis rights or marijuana rights are individual civil rights that vary by jurisdiction. The rights of people who consume cannabis include the right to be free from employment discrimination and housing discrimination.
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. It can still be found on his campaign website under sentencing reform. As of October 2022, Biden pardoned thousands of people convicted of marijuana possession under federal law. However, according to the Marshall Project, nobody was released from prison as a result of the October 2022 pardons, as no federal inmates were incarcerated for simple marijuana use at the time.
↑ For repeal, see section 1101(b)(3), Comprehensive Drug Abuse Prevention and Control Act of 1970, Pub. L. No. 91-513, 84 Stat. 1236, 1292 (Oct. 27, 1970) (repealing the Marihuana Tax Act which had been codified in Subchapter A of Chapter 39 of the Internal Revenue Code of 1954).
1 2 Roger Roffman; Wayne Hall; Mark A.R. Kleiman; Peter Reuter; Norm Stamper (July 19, 2009). "If Marijuana Is Legal, Will Addiction Rise?". The New York Times. Archived from the original on July 25, 2009. Retrieved July 27, 2009.
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