Before the prohibition of cannabis in the United States, some of the nation's Founding Fathers and presidents grew hemp. Politicians who have admitted to recreational use of the drug prior to its decriminalization or legalization include mayors, governors, members of the U.S. Congress, vice presidents and presidents.
In the United States, cannabis was initially grown for industrial reasons, though it quickly became a staple medicinal product in the early 19th century and recreational use became more prevalent during the 20th century. [1] Harry J. Anslinger, the commissioner of the Federal Bureau of Narcotics, responded to political pressure to ban marijuana at a nationwide level. The Marihuana Tax Act of 1937 created an expensive excise tax, and included penalty provisions and elaborate rules of enforcement to which marijuana, cannabis, or hemp handlers, were subject. Mandatory sentencing and increased punishment were enacted when the U.S. Congress passed the Boggs Act of 1951 and the Narcotics Control Act of 1956. [2]
During the counterculture of the 1960s, attitudes towards marijuana and drug abuse policy changed as marijuana use among "white middle-class college students" became widespread. [3] In Leary v. United States (1969), the U.S. Supreme Court held the Marihuana Tax Act to be unconstitutional since it violated the Fifth Amendment. In response, Congress passed the Controlled Substances Act as Title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970, which repealed the Marihuana Tax Act. [4] In 1972, the National Commission on Marijuana and Drug Abuse concluded that marijuana should be decriminalized, but that public use and driving while intoxicated should remain illegal. By the end of the decade, several states had decriminalized the drug, while many others weakened their laws against cannabis use.
A wave of conservatism during the 1980s allowed president Ronald Reagan to accelerate the war on drugs, prompting anti-drug campaigns such as the "Just Say No" campaign of first lady Nancy Reagan. Federal penalties for cultivation, possession, or transfer of marijuana were increased by the Comprehensive Crime Control Act of 1984 and the Anti-Drug Abuse Acts of 1986 and 1988. [5] Since California voters passed the 1996 California Proposition 215, which legalized medical cannabis, several states have followed suit. However, United States v. Oakland Cannabis Buyers' Cooperative (2001) rejected the common-law medical necessity defense to crimes enacted under the Controlled Substances Act because Congress concluded that cannabis has "no currently accepted medical use" and Gonzales v. Raich (2005) concluded that the Commerce Clause of Article One of the U.S. Constitution allowed the federal government to ban the use of cannabis, including medical use. Today, cannabis remains classified as a Schedule I drug under the Controlled Substances Act, and possession is punishable by up to one year in jail and a minimum fine of $1,000 for a first conviction. [6]
| Name | Lifetime | Highest position | Party | Ref. |
|---|---|---|---|---|
| Benjamin Franklin | 1706–1790 | President of Pennsylvania | Independent | [7] |
| Thomas Jefferson | 1743–1826 | President of the United States | Democratic-Republican | [8] |
| James Madison | 1751–1836 | President of the United States | Democratic-Republican | [9] |
| George Washington | 1732–1799 | President of the United States | Independent | [8] |
| Henry Clay | 1777–1852 | United States Secretary of State, United States Senator Kentucky | Democratic-Republican, National Republican and Whig | [10] |
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 was reclassified in 2020 to a Schedule I-only drug under the Single Convention treaty, with the schedules from strictest to least being IV, I, II, and III. As a Schedule I drug under the treaty, countries can allow the medical use of cannabis but it is considered to be an addictive drug with a serious risk of abuse.
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, legalizing, or repealing laws that prohibit the production, possession, sale, or use of prohibited drugs. Variations of drug liberalization include drug legalization, drug relegalization, 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.
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.
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 the use of cannabis. Oregon was the first state to decriminalize the possession of small amounts of cannabis and authorize its use for medical purposes. An attempt to recriminalize the possession of small amounts of cannabis was turned down by Oregon voters in 1997.
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. On May 1, 2024, the Associated Press reported on plans by the Drug Enforcement Administration to 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.
Cannabis is legal in Uruguay, and is one of the most widely used drugs in the nation.
Initiative 71 was a voter-approved ballot measure in Washington, D.C., that legalized the recreational use of cannabis. The short title of the initiative was "Legalization of Possession of Minimal Amounts of Marijuana for Personal Use Act of 2014". The measure was approved by 64.87% of voters on November 4, 2014 and went into full effect on February 26, 2015.
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 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 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 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.
Terms related to cannabis include:
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.
Hickenlooper said at a recent event marking the anniversary and citing a state health survey of 40,000 participants. "Just to be clear, I smoked pot when I was 16 … and I feel pretty darn sure now that [legalization] is a much better societal decision than what I grew up in."
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