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e. 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]
In most cases, the absence of a state law does not present a preemption conflict with a federal law. [23] The federal government criminalized marijuana under the Interstate Commerce Clause, and the application of these laws to intrastate commerce were addressed squarely by the U.S. Supreme Court in Gonzales v. Raich, 545 U.S. 1, in 2005.
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 ...
The memo scaled back federal intervention in states that legalized marijuana, as long as they implemented “strong and effective regulatory and enforcement systems to control the cultivation ...
In North Dakota, criminal defense attorney Mark Friese is a former police officer who is backing a marijuana legalization ballot initiative. He said the proposed federal reclassification could ...
Raich 545 U.S. 1 (2005) was a decision in which the U.S. Supreme Court ruled (6–3) that even where individuals or businesses in accordance with state-approved medical cannabis programs are lawfully cultivating, possessing, or distributing medical cannabis, such persons or businesses are violating federal marijuana laws. Therefore, under ...
Passed the Senate on November 16, 2022 (voice vote) Signed into law by President Joe Biden on December 2, 2022. 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".
Cultivating, distributing and possessing marijuana violates federal drug laws. However, the recreational use of cannabis has been legalized in 23 states, three U.S. territories, and D.C. so far.