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.
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. As a Schedule I drug under the federal Controlled Substances Act (CSA) of 1970,cannabis containing over 0.3% THC by dry weight is considered to have "no accepted medical use" and 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,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. Beginning in 2024,the Drug Enforcement Administration has initiated a review to potentially move cannabis to the less-restrictive Schedule III.
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.
Smart Approaches to Marijuana is a political organization opposed to marijuana legalization and commercialization.
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 and a fine of up to $2000. Several of the state's major municipalities have enacted reforms to apply lesser penalties or limit enforcement,however.
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 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.
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.
Cannabis in Croatia is decriminalized for personal use and legalized for limited medical uses.
Cannabis in Mexico is legal for both recreational and medicinal purposes. It became legal for recreational purposes in June 2021,upon application and issuance of a permit from the health secretariat,COFEPRIS. On 29 June 2021,the Supreme Court of Mexico decriminalized the recreational use of cannabis. President Andrés Manuel López Obrador signed a bill that allows adults 18 and over to possess up to 28 grams of cannabis and grow up to six marijuana plants on their property.
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 Cole Memorandum was a United States Department of Justice memorandum issued August 29,2013,by United States Deputy Attorney General James M. Cole during the presidency of Barack Obama. The memorandum,sent to all United States Attorneys,governed federal prosecution of offenses related to marijuana. The memo stated that given its limited resources,the Justice Department would not enforce federal marijuana prohibition in states that "enacted laws legalizing marijuana in some form and ... implemented strong and effective regulatory and enforcement systems to control the cultivation,distribution,sale,and possession of marijuana," except where a lack of federal enforcement would undermine federal priorities.
The Marijuana Opportunity Reinvestment and Expungement Act,also known as the MORE Act,is a proposed piece of U.S. federal legislation that would deschedule cannabis from the Controlled Substances Act and enact various criminal and social justice reforms related to cannabis,including the expungement of prior convictions.
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. 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.
