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Timeline of Gallup polls in US on legalizing marijuana. [1]In the United States, cannabis is legal in 39 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. [2]
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 NAACP has been strong supporters of the Respect State Marijuana Laws Act – H.R. 1523 and has reached out to members of congress to get this act passed. [160] This act is designed to decrease penalties for low-level marijuana possession and supports prohibiting federal enforcement of marijuana laws in states which have lesser penalties. [161]
A hugely significant change in federal attitude looms. Dr. Richard Feldman is an Indianapolis family physician and the former Indiana state health commissioner. Email him at richarddfeldman@gmail.com.
Notes: · Reflects laws of states and territories, including laws which have not yet gone into effect. Does not reflect federal, tribal, or local laws. · Map does not show state legality of hemp-derived cannabinoids such as CBD or delta-8-THC, which have been legal at federal level since enactment of the 2018 Farm Bill
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.
Gonzales v. Raich (previously Ashcroft v.Raich), 545 U.S. 1 (2005), was a decision by the U.S. Supreme Court ruling that, under the Commerce Clause of the U.S. Constitution, Congress may criminalize the production and use of homegrown cannabis even if state law allows its use for medicinal purposes.
Ohio voters will decide Tuesday on two ballot initiatives to change state laws: reproductive rights and recreational marijuana. Issue 1, which involves abortion and reproductive rights, is ...