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.[1] 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.[2][3] Beginning in 2024, the Drug Enforcement Administration has initiated a review to potentially move cannabis to the less-restrictive Schedule III.[4]
The medical use of cannabis is legal with a medical recommendation in 38 states, four out of five permanently inhabited U.S. territories,[a] and the federal District of Columbia (D.C.).[5] Ten other states have laws that limit the psychoactive compound tetrahydrocannabinol (THC), for the purpose of allowing access to products rich in cannabidiol (CBD), a non-intoxicating component of cannabis.[5][6] The Rohrabacher–Farr amendment, first passed in 2014, prohibits federal prosecution of individuals complying with state medical cannabis laws.[7]
The recreational use of cannabis has been legalized in 24 states, three U.S. territories, and D.C.[b] Another seven states have decriminalized its use.[c][8] Commercial distribution has been legalized in all jurisdictions where possession has been legalized, except for Virginia and D.C. Personal cultivation for recreational use is allowed in all of these jurisdictions except for Delaware, Illinois, New Jersey, and Washington state.
Cannabinoid drugs which have received approval from the Food and Drug Administration (FDA) for prescription use are Marinol and Syndros (synthetic THC is the active ingredient in both), Cesamet (nabilone), and Epidiolex (CBD). For non-prescription use, products with less than 0.3% delta-9 THC containing CBD, delta-8 THC, and other naturally-occurring cannabinoids derived from hemp (cannabis containing less than 0.3% delta-9 THC) are legal and unregulated[9] at the federal level, but legality and enforcement varies by state.[10][11][12]
Statewide legalization of recreational cannabis is set to appear on the ballot for the 2024 elections as 2024 Florida Amendment 3, and in North and South Dakota.[13] Nebraskans will decide on a ballot measure related to medical cannabis the same day.[14]
Although state laws do not affect the status of marijuana under federal law ... the federal response to states' legalizing or decriminalizing marijuana largely has been to allow states to implement their own laws...Federal law enforcement has generally focused its efforts on criminal networks involved in the illicit marijuana trade.
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