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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, 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 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 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. 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 Iowa is illegal for recreational use if classified as marijuana but consumable hemp products including CBD products are legal for consumers to possess and registered retailers to sell. Possession of even small amounts of marijuana is a misdemeanor crime. The state has a medical program for patients with qualifying debilitating medical conditions that allows for the legal sale and possession of no more than 4.5g of THC per patient every 90-day period. Allowed modes of consumption are oral & topical forms including, but not limited to; tablets and tinctures, nebulizable inhalable forms, suppositories, and vaporization.
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 Kentucky is illegal for recreational use, and legal for medical use under executive order, with full medical legalization statute taking effect in 2025. Non-psychoactive CBD oil is also legal in the state, and Kentucky has a lengthy history of cultivating industrial hemp for fiber since 1775.
Cannabis in North Dakota is legal for medical use but illegal for recreational use. Since 2019 however, possession under a 1/2 ounce has been decriminalized in the sense that there is no threat of jail time, though a criminal infraction fine up to $1,000 still applies. The cultivation of hemp is currently legal in North Dakota. In November 2018, the state's voters voted on recreational marijuana legalization, along with Michigan; the measure was rejected 59% to 41%. Two groups attempted to put marijuana legalization measures on the June 2020 Primary and the November 2020 elections, but were prevented from doing so by the COVID-19 pandemic.
Cannabis in the United States Virgin Islands is legal for recreational use since January 18, 2023. Legislation to legalize was passed by the territorial legislature in 2022, and was signed into law on January 18. Medical use was legalized in 2019 through a bill that passed the Senate 9–4.
Cannabis in Rhode Island is legal for medical and adult use. Medical use was legalized through legislation approved in 2006, and adult use in 2022.
Cannabis in Missouri is legal for recreational use. A ballot initiative to legalize recreational use 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 Minnesota is legal for medical use as of 2014. As of April 2023, food and beverages containing tetrahydrocannabinol are legal in Minnesota if the Tetrahydrocannabinol is derived from hemp and is restricted to 5 mg per serving.
Cannabis in New Jersey is legal for both medical use and recreational use. An amendment to the state constitution legalizing cannabis became effective on January 1, 2021, and enabling legislation and related bills were signed into law by governor Phil Murphy on February 22, 2021.
Cannabis in Delaware is legal for medicinal and recreational use.
Kentucky Senate Bill 47 is a law enacted in 2023 to create a medical cannabis program in the state.
References
- ↑ HB604 bill history, Kentucky Legislature official website, accessed March 28, 2023
- ↑ Brandon Roberts (April 29, 2022). "What Kentucky's new research center means for the future of medical marijuana". Spectrum News.
- ↑ Scott Recker (April 27, 2022). "Gov. Beshear Authorizes Kentucky Cannabis Research Center". Leo Weekly .
- ↑ A.J. HERRINGTON (April 27, 2022), "Kentucky Governor Approves Cannabis Research Facility", High Times
- ↑ "Cannabis research center established at UK". UK Department of Medicine News. University of Kentucky Department of Medicine. September 21, 2022.
- ↑ Michael Berk (October 26, 2022). "Legislators receive update on Kentucky Center for Cannabis Research". Lexington, Kentucky: WLEX-TV.
- ↑ Mark Vanderhoff; Curadhan Powell (March 14, 2023). "Medical marijuana bill passes through Kentucky Senate committee". Louisville, Kentucky: WLKY.