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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, the non-medical use of cannabis is legalized in 23 states and decriminalized in 8 states, as of May 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, 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.
David Patrick Joyce is an American politician and attorney who has served as the United States representative for Ohio's 14th congressional district since 2013. A member of the Republican Party, Joyce was previously the prosecutor of Geauga County, Ohio. He chairs the Republican Governance Group.
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.
The Ending Federal Marijuana Prohibition Act is a series of federal marijuana decriminalization bills that have been introduced multiple times in the United States Congress.
The Hemp Farming Act of 2018 was a proposed law to remove hemp from Schedule I controlled substances and making it an ordinary agricultural commodity. Its provisions were incorporated in the 2018 United States farm bill that became law on December 20, 2018.
The Strengthening the Tenth Amendment Through Entrusting States (STATES) Act was a bill proposed in the 115th United States Congress that would recognize legalization of cannabis and the U.S. state laws that have legalized it through their legislatures or citizen initiative. It was introduced on June 7, 2018, by Senators Cory Gardner and Elizabeth Warren. A companion bill was introduced the same day in the House of Representatives, sponsored by Earl Blumenauer and David Joyce. The act would amend the Controlled Substances Act of 1970 to exempt from federal enforcement individuals or corporations in states who are in compliance with U.S. state, U.S. territory and the District of Columbia, or tribal law on cannabis, with certain additional provisions such as minimum ages. The banking provisions of the STATES Act have been reintroduced as the Secure and Fair Enforcement (SAFE) Banking Act of 2019 in the 116th U.S. Congress by Ed Perlmutter in the House, and by Jeff Merkley in the Senate. As of September 18, 2019, the House bill had 206 cosponsors, and the Senate bill had 33 cosponsors.
The 2020 presidential campaign of U.S. Senator Cory Booker was announced on February 1, 2019. Booker participated in five Democratic presidential debates, but failed to qualify for the sixth debate. He suspended his campaign on January 13, 2020 and later endorsed former Vice President Joe Biden, who went on to win the Democratic nomination and the general election.
The SAFE Banking Act, officially H.R. 1595, full title Secure and Fair Enforcement (SAFE) Act, and also referred to as the SAFE Banking Act of 2019, and as of 2023 the Secure and Fair Enforcement Regulation (SAFER) Banking Act, was proposed legislation regarding disposition of funds gained through the cannabis industry in the United States.
The Marijuana Freedom and Opportunity Act is legislation that was introduced in the 115 and 116th U.S. Congresses to remove cannabis from the Controlled Substances Act and to establish a Marijuana Opportunity Trust Fund. The legislation was sponsored by U.S. Senator Chuck Schumer, minority leader at the time, and Representative Hakeem Jeffries.
Cannabis legislation proposals are legislative proposals which failed to make it into law. Below are lists, broken down into national jurisdictions, of proposed legislation regarding cannabis.
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.
The Cannabis Administration and Opportunity Act (S.4591) is a proposed bill in the United States Congress to recognize legalization of cannabis by the states. The authors are Senate Majority Leader Chuck Schumer, Senator Cory Booker, and Senator Ron Wyden.
The Medical Marijuana and Cannabidiol Research Expansion Act is an Act of Congress allowing medical research on cannabis. The act is "the first standalone marijuana-related bill approved by both chambers of the United States Congress".
References
- ↑ Weigel 2019.
- ↑ Associated Press 2019.
- ↑ Buck 2019.
- ↑ Bill tracker: S.597, U.S. Congress, 28 February 2019, retrieved November 4, 2020
- ↑ Schiller 2018.
- ↑ Berke 2018.
Sources
- Andrew Blake (February 28, 2019). "Cory Booker reintroduces Marijuana Justice Act favored by fellow 2020 hopefuls". Associated Press.
- Weigel, David (February 28, 2019). "Booker and four presidential rivals endorse marijuana legalization". Washington Post.
- Schiller, Melissa (July 6, 2018). "Here's the 2017-2018 Federal Legislation That Could Affect Your Cannabis Business". Cannabis Business Times.
- Berke, Jeremy (April 20, 2018). "Top Democrats have introduced a number of bills to push for the federal legalization of marijuana". Business Insider .
- Buck, Rebecca (February 28, 2019). "Cory Booker to re-introduce marijuana legalization bill, highlighting issue's importance for 2020 Democrats". CNN.
