Cannabis in the United States
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.[5] As a Schedule I drug under the federal Controlled Substances Act (CSA) of 1970, cannabis containing over 0.3% THC by dry weight (legal term marijuana) is considered to have "no accepted medical use" and a high potential for abuse and physical or psychological dependence.[6] Cannabis use is illegal for any reason, with the exception of FDA-approved research programs.[7] However, individual states have enacted legislation permitting exemptions for various uses, including medical, industrial, and recreational use.[8][9]
Cannabis for industrial uses (hemp) was made illegal to grow without a permit under the CSA because of its relation to cannabis as a drug, and any imported products must adhere to a zero tolerance policy.[10][11] The Agricultural Act of 2014 allows for universities and state-level departments of agriculture to cultivate cannabis for research into its industrial potential.[12] In December 2018, hemp was permitted to be grown in the U.S. under federal law after the Hemp Farming Act was included in the passed 2018 Farm Bill.[13]
As a psychoactive drug, cannabis continues to find extensive favor among recreational and medical users in the U.S.[14][15] As of 2023, twenty-four states, three U.S. territories, and the District of Columbia have legalized recreational use of cannabis. Thirty-eight states, four U.S. territories, and D.C. have legalized medical use of the drug. Multiple efforts to reschedule cannabis under the CSA have failed, and the U.S. Supreme Court has ruled in United States v. Oakland Cannabis Buyers' Cooperative (2001) and Gonzales v. Raich (2005) that the federal government has a right to regulate and criminalize cannabis, whether medical or recreational. As a result, cannabis dispensaries are licensed by each state;[16] these businesses sell cannabis products that have not been approved by the U.S. Food and Drug Administration,[17] nor are they legally registered with the federal government to sell controlled substances.[18] Although cannabis has not been approved, the FDA recognizes the potential benefits and has approved two drugs that contain components of marijuana.[19]
The ability of states to implement cannabis legalization policies was weakened after U.S. Attorney General Jeff Sessions rescinded the Cole Memorandum on January 4, 2018, and issued a new memo instructing U.S. attorneys to enforce federal law related to marijuana.[20] The Cole memo, issued by former Deputy Attorney General James Cole in 2013, urged federal prosecutors to refrain from targeting state-legal marijuana operations.[21] Regarding the medical use of cannabis, the Rohrabacher–Farr amendment still remains in effect to protect state-legal medical cannabis activities from enforcement of federal law.[22][23] On May 1, 2024, the Associated Press reported on federal plans to change marijuana to a Schedule III drug.[24]
Historic overview[edit]
The Marihuana Tax Act of 1937 was one of the first measures to cannabis nationwide.[25] This act was overturned in 1969 in Leary v. United States, and was repealed and replaced with the Controlled Substances Act (CSA) by Congress the next year.[26] Under the CSA cannabis was assigned a Schedule I classification, deemed to have a high potential for abuse and no accepted medical use – thereby prohibiting even medical use of the drug. The classification has remained since the CSA was first signed into law, despite multiple efforts to reschedule.[27][28] In direct response, the U.S. Libertarian Party was one of the first major parties to endorse cannabis legalization in their first platform in 1972 which stated, "We favor the repeal of all laws creating "crimes without victims" now incorporated in Federal, state and local laws—such as laws on voluntary sexual relations, drug use, gambling, and attempted suicide."[29] As cannabis prohibition continued into the 21st Century, the U.S. Marijuana Party was formed in 2002 as a single-issue party to end the war on drugs and to legalize cannabis.[30] States have also begun to engage in the process of nullification to override federal laws pertaining to cannabis. California started the trend by legalizing medicinal cannabis in 1996.[31] Now, cannabis has been fully legalized for recreational use in 24 states, three U.S. territories and Washington D.C., with most states having some sort of state nullification of federal cannabis laws.[32] In 1969, Gallup conducted a poll asking Americans whether "the use of marijuana should be legal" with only 12% at the time saying yes.[33] In 1977, it rose to 28% and experienced a period of gradual increase thereafter. According to the latest poll, two-thirds of Americans think marijuana use should be legal.[34] In addition, a report by Business Insider indicates that in 2022 alone, Americans spent an estimated $30 billion on legal marijuana products. The report further predicts that legal pot sales could surpass $33 billion in the current year, surpassing combined sales of chocolate and craft beer.[35]
Research[edit]
Prior to 2021, the National Center for Natural Products Research in Oxford, Mississippi was the only facility in the U.S. that was federally licensed by the Drug Enforcement Administration to cultivate cannabis for scientific research. The facility is part of the School of Pharmacy at the University of Mississippi, and cultivates cannabis through a contract with the National Institute on Drug Abuse, to which it provides the cannabis.
Cannabis research has been hindered by the monopoly held by the National Institute on Drug Abuse that existed prior to 2021.[67] The cannabis supplied by NIDA has been criticized by researchers for a variety of reasons, including high amounts of stems and seeds,[68] high mold and yeast levels,[69] low THC content,[27] and low diversity of strains available.[68] NIDA has also been criticized for the length of time in which it responds to proposals, and for favoring research on the harms caused by cannabis over research on the health benefits of cannabis.[70] In August 2016 the DEA announced intention to issue additional cultivation licenses, however,[71] and in 2021 the first licenses were granted.[72][73]
Research conducted on cannabis also requires licensing from the DEA (specific to Schedule I drugs),[74] and approval from the FDA as well.[27] Prior to 2015, research also required approval from the U.S. Public Health Service, but this requirement was eliminated to make it less difficult for cannabis research to be approved.[75] Numerous medical organizations in the U.S. have called for restrictions on cannabis research to be further eased, including the American Academy of Family Physicians,[76] American Psychological Association,[77] American Cancer Society,[78] American Academy of Pediatrics,[79] and the American Nurses Association.[80]
Racial disparity in marijuana arrests[edit]
In a study done by the American Civil Liberties Union, from 2001 to 2010 Black and white people use marijuana at about the same rate.[86] Nationwide, Black people are 3.6 times more likely than white people to be arrested for marijuana, despite similar usage rates.[87] Racial disparities vary in severity among states. For example, Colorado has the lowest disparity with Black people being 1.5 more likely than whites to be arrested for marijuana. On the other hand, in Montana, Kentucky, Illinois, West Virginia and Iowa, Black people are more than seven times more likely to be arrested for marijuana than white people.[87] Nonetheless, in all states whether marijuana is legalized, decriminalized or illegal, Black people still are more likely of going to prison on marijuana charges,[87] proving that legalizing or decriminalizing marijuana alone will not change the disparity.
Racial profiling among law enforcement is to blame for these disparities. Law enforcement often targets people on their actual and perceived race instead of having reasonable suspicion for a crime.[87] Minor offense like possession of marijuana are strictly enforced in racial communities, while the same offenses are often ignored in white affluent communities.[87] This racial profiling results in the mass incarceration of Black, Hispanic and Latino individuals.
Polling[edit]
Gallup began polling the public as to the issue of legalizing cannabis in 1969; in that year 12% were in favor.[100] The 2017 Gallup poll showed a record high of 64% in favor of legalizing cannabis, including a majority of Republicans for the first time.[101] In 2018, the same poll increased to an all-new high of 68%, showing that the great majority of Americans favored legalizing recreational marijuana.[102]
According to a 2013 survey by Pew Research Center, a majority of Americans favored complete or partial legalization of cannabis.[103] The survey showed 52% of respondents support cannabis legalization and 45% do not. College graduates' support increased from 39% to 52% in just three years, the support of self-identified conservative Republicans (a group not traditionally supportive of cannabis legalization) had increased to nearly 30%, and bipartisan support had increased across the board. The 2018 version of the poll showed public support had increased to 61%.[104]
Attitudes regarding marijuana regulation changed as some states (Colorado, Washington, Oregon, Maine, and Alaska) passed their own laws legalizing marijuana for recreational use. According to a Gallup Poll published in December 2012, 64% of Americans believe the federal government should not intervene in these states.[105]
A 2018 study in Social Science Research found that the main determinants of these changes in attitudes toward marijuana regulation since the 1990s were a decline in perception of the riskiness of marijuana, changes in media framing of marijuana, a decline in overall punitiveness, and a decrease in religious affiliation.[106]
Marijuana legalization polled as very popular in 2019 according to three major national polls.[107] In fact, research indicates that communities with legal, recreational marijuana use have seen home values rise more quickly than communities where recreational use remains illegal.[108]