Is marijuana legal at the federal level?

Is marijuana legal at the federal level?

Is marijuana legal at the federal level? No. Marijuana is classified at the federal level as a Schedule I drug under the Controlled Substances Act, meaning that the government believes it to have no medical use and a high potential for abuse. Cultivating, distributing and possessing marijuana violates federal drug laws.

States that have legalized either recreational or medical marijuana have done so in direct conflict with the federal government, creating tension between the rights of states to create their own laws and the authority of the federal government.

The federal government has, however, generally taken a hands-off approach to marijuana prohibition enforcement in states where the drug is legal. In 2009, the Obama administration told federal prosecutors to consider not prosecuting people who distributed marijuana in accordance with state medical marijuana laws. Buy Medical Marijuana online.

What is the Cole Memorandum?

In 2013, the Justice Department issued perhaps the most influential memo on federal marijuana enforcement. Known as the Cole Memorandum, the Justice Department said it would not challenge states’ legalization laws at that time and expected states to have robust enforcement efforts of their own.

Then-Attorney General Jeff Sessions rescinded the Cole Memo in 2018, and told prosecutors to use established prosecutorial principles and their own judgment when prosecuting – or declining to pursue – marijuana charges.

The Justice Department has in general declined to pursue cases where individuals are acting in compliance with state law, and it has also not challenged state legalization laws in court. Observers notethat even after Cole’s withdrawal, most marijuana-related prosecutions by the Department of Justice have focused on more serious charges such as firearms or organized crime.

What does decriminalization mean?

Decriminalization is, broadly defined, the reduction of penalties for a certain criminal act or the process of reclassifying a criminal offense as a civil offense.

As of October 2021, the Marijuana Policy Project reports that 32 states and the District of Columbia have decriminalized low-level marijuana possession offenses, typically removing the possibility of jail time at least for first time-offenses, though the possibility of a fine or a criminal record remains in some places. Some states have reclassified the possession of small amounts of weed as a civil, instead of criminal, offense, while others have just reduced the penalties. In most of those states, repeat offenses, sales, distribution or possession of large amounts of marijuana can still land you in jail.

Of the states that have passed decriminalization measures, some have medical marijuana laws. Three states have decriminalized marijuana but not legalized it in any form, according to the Policy Project.

Decriminalization is often seen as a middle ground between full-blown legalization and strict, punitive drug policy that has disproportionately affected communities of color.

Where does the public stand on the issue?

A growing majority of Americans believe that recreational marijuana should be legal. A Gallup poll conducted in October 2019 found that 66% of U.S. adults think the drug should be legal. A Pew Research Center survey andthe General Social Survey conducted by NORC at the University of Chicago found similar levels of support for marijuana legalization.

Americans have warmed significantly to the idea in recent years. Just 12% of U.S. adults supported legalization in 1969, according to Gallup – a figure that rose to 31% in 2000 before accelerating above 50% after 2013.

Democrats are more likely to support legalization, though a majority of Republicans were in favor of it in 2019, the Gallup poll found. People under age 30 are similarly more likely to back marijuana legalization – 81% of those respondents in 2019 – but 62% of Americans aged 50 to 64 also supported legalization, the poll found.