Estimated reading time: 4 minutes
For the last few years, the legal status of marijuana in the United States has been changing rapidly. The most commonly taken drug in the country, an estimated 48.2 million people used marijuana in 2019 according to the CDC. While it remains illegal at the federal level, a number of states have legalized its medical and recreational use.
Where does it stand today? PatientsLikeMe will provide an overview of marijuana's common applications and restrictions.
Medical Marijuana
As of April 2023, 38 states allow the medical use of cannabis. Regulations vary widely and cover qualifying medical conditions, possession limits, and the types of cannabis products allowed. Medical marijuana is often prescribed for conditions such as chronic pain, epilepsy, multiple sclerosis, cancer, PTSD, and other debilitating or chronic illnesses. States typically maintain a list of qualifying conditions that make patients eligible for medical marijuana use.
In legalized states, patients must register with a state-run medical marijuana program to obtain a prescription or medical cannabis card. Registration processes may involve providing medical records, obtaining a physician's recommendation, and paying associated fees. Licensed dispensaries distribute medical marijuana products. These dispensaries are regulated to ensure the quality and safety of the products they offer.
Recreational Marijuana
In 2012, Colorado and Washington were the first two states to approve the use of recreational marijuana. Today, 24 states allow its recreational use. States that have legalized recreational marijuana typically impose possession limits on individuals. These are usually both in terms of the amount of marijuana flower and concentrates. Typically there are restrictions on use in public spaces, schools, and workplaces. Some states allow consumption only in private residences.
Recreational marijuana sales are subject to state and local taxes, contributing to state revenue. Tax revenue is then often used to support education, public health, and substance abuse programs. As of December 2023, 21 states tax the sale of recreational cannabis. In 2022 this generated nearly $3 billion in revenue.
Federal Enforcement
You may be wondering how marijuana can be legal at the state level, but illegal federally. Cannabis is still classified as a Schedule I substance under the Controlled Substance Act, and has been since the 1970's. Other Schedule I substances include ecstasy, heroin, and LSD.
So why can certain states allow the sale and consumption of marijuana? States have autonomy over what they legalize and what they ban. Theoretically, whatever laws are put in place by the federal government trump this. While states typically align themselves with federal law, it does happen that the two can clash in what they permit. When this occurs the state law should be null and void. In reality? It comes down to enforcement.
Memos From the Attorney General's Office
There have been a number of memos sent regarding the enforcement of federal marijuana laws. In 2009, Deputy Attorney General David Ogden sent a memorandum outlining how federal investigators should approach prosecuting individuals caught buying or selling cannabis. The general idea was that with limited resources, prosecutors should focus on people and businesses operating outside of state law. In 2013, the Deputy Attorney General James Cole issued a directive to federal prosecutors. In it, he told them not to target businesses or individuals who were in compliance with state cannabis laws. This is known as the Cole Memo.
Neither of these memos were legally binding in any way. They did not carry the weight of law, but did signal how the government intended to approach the difference between state and federal regulation. Their focus was on criminal activities. The sale to minors, criminal enterprises (gangs, cartels), transfer between states, and drug trafficking. The largest impact of not legalizing marijuana federally is felt by businesses. It is hard for them to access banking services and they face a number of tax issues.
It is important to note that the legal landscape around marijuana is dynamic. Stay informed about any developments at both the federal and state levels. Be sure, if you live in a state where it is legal, to operate within the guidelines.
We hope you found this information helpful! PatientsLikeMe has a number of members who use cannabis to relieve their pain. It is commonly discussed on our condition pages, and continues to be a topic of great interest. If this is something you would like to learn more about, creating an account is free! Join today.