Cannabis is a plant and, as hemp, a source for fibers, oil, and seed. Prior to its prohibition, U.S. politicians known for growing hemp include some of the nation's Founding Fathers and presidents. Politicians who have admitted to recreational use of the drug prior to its decriminalization or legalization include mayors, governors, members of the House of Representatives, senators, vice presidents and presidents.
While several politicians are confirmed to have farmed hemp, there is no evidence that any of them used cannabis. Neither cannabis nor hemp were illegal until the 20th century.
| Name | Lifetime | Highest position | Party | Ref. |
|---|---|---|---|---|
| Benjamin Franklin | 1706–1790 | President of the Supreme Executive Council of Pennsylvania | Independent | [1] |
| Thomas Jefferson | 1743–1826 | President of the United States | Democratic-Republican | [2] |
| James Madison | 1751–1836 | President of the United States | Democratic-Republican | [3] |
| George Washington | 1732–1799 | President of the United States | Independent | [2] |
| Henry Clay | 1777–1852 | United States Secretary of State, U.S. Senator from Kentucky and Speaker of the United States House of Representatives | Democratic-Republican, National Republican and Whig | [4] |
Democratic-Republican Whig Democratic Republican Independent
In the U.S., 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. [5] Harry J. Anslinger, 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 United States Congress passed the Boggs Act of 1952 and the Narcotics Control Act of 1956. [6]
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. [7] In Leary v. United States (1969), the Supreme Court held the Marihuana Tax Act to be unconstitutional since it violated the Fifth Amendment to the United States Constitution, privilege against self-incrimination. 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. [8] 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.
However, a wave of conservatism during the 1980s allowed president Ronald Reagan to accelerate the War on Drugs during his presidency, 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 (1984), the Anti-Drug Abuse Act (1986), and the Anti-Drug Abuse Amendment Act (1988). [9] Since California voters passed the Proposition 215 in 1996, 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 the Article I of the 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. [10]
Politicians who have reported using cannabis prior to its decriminalization include mayors, governors, members of the House of Representatives and Senate, a cabinet member, and U.S. presidents and vice presidents.
In the United States, judges and justices are traditionally considered to be of a separate class distinct from politicians. [60] [61] [62] At least two have admitted to cannabis use.
| Name | Lifetime | Highest position | Party | Ref. |
|---|---|---|---|---|
| Douglas Ginsburg | b. 1946 | Chief Judge of the United States Court of Appeals for the District of Columbia Circuit | Independent | [63] |
| Clarence Thomas | b. 1948 | Associate Justice of the Supreme Court of the United States | Independent | [64] |
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.
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, 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 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 Wisconsin is illegal for recreational use. Possession of any amount is punishable by up to 6 months in prison and a $1000 fine for a first offense. A second offense is punished as a felony with up to 3.5 years in prison and up to a $10,000 fine. At the local level, however, numerous municipalities and counties have decriminalized cannabis or lessened penalties for minor possession offenses. Medical use is legal only in the form of low-THC cannabis oil.
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 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.
Cannabis in Mexico is legal for both recreational and medicinal purposes. It became illegal 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.
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. 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.
The Cannabis Regulation and Taxation Act was a bill under consideration by the New York State Legislature during the 2020–2021 session to legalize cannabis. It was contained in Part H of the revenue bills embodying Governor Andrew Cuomo's budget proposal, A3009 and S2509.
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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