Cannabis in the United States

Legalization and Usage:

• Approximately 3.6 million Americans are daily or near daily cannabis users.
• About half of Americans born since 1960 have tried cannabis by age 21.
• The U.S. leads in per capita marijuana consumption according to the World Health Organization.
• In 2007, 14.4 million Americans over 12 had used marijuana within a month.
• A 2022 Gallup survey showed 16% of Americans reported being marijuana smokers.
• As of 2023, 24 states and D.C. have legalized recreational cannabis use.
• 38 states and D.C. have legalized medical cannabis use.
• Efforts to reschedule cannabis under the CSA have failed.
• Cannabis dispensaries are licensed by individual states.
• The FDA has approved drugs containing components of marijuana.

History and Legislation:

• The Marihuana Tax Act of 1937 was the first measure to regulate cannabis nationwide.
• In 1969, the act was overturned in Leary v. United States, leading to the establishment of the Controlled Substances Act (CSA) in 1970.
• The CSA classified cannabis as a Schedule I drug, prohibiting its medical use.
• The U.S. Libertarian Party endorsed cannabis legalization in 1972.
• The U.S. Marijuana Party was formed in 2002 to advocate for cannabis legalization.
• The Controlled Substances Act of 1970 classified marijuana as a Schedule I drug.
• Until the 2018 Farm Bill, federal law prohibited possession, use, and cultivation of cannabis.
• Despite federal prohibition, some states have decriminalized cannabis.
• The Rohrabacher–Farr amendment protects state-legal medical cannabis activities from federal enforcement.
• The U.S. Attorney General’s actions have impacted the implementation of cannabis legalization policies.

Industrial Uses and State Legalization:

• Cannabis for industrial uses (hemp) was made illegal without a permit under the CSA.
• The Agricultural Act of 2014 allowed research into cannabis’ industrial potential.
• Hemp cultivation was federally permitted in December 2018 under the Hemp Farming Act.
• Imported hemp products must adhere to a zero tolerance policy.
• Hemp sales in the U.S. have shown significant growth since legalization.
• Oregon decriminalized cannabis in 1973.
• Colorado and Washington legalized recreational use in 2012.
• Twenty-four states and several territories have legalized cannabis for various purposes.

Federal Laws and Regulatory Actions:

• Federal law preempts conflicting state laws under the Supremacy Clause.
• The federal government criminalized marijuana under the Interstate Commerce Clause.
• The U.S. Supreme Court addressed intrastate commerce of marijuana in Gonzales v. Raich.
• The federal government opposes legalization due to health and safety risks.
• The Rohrabacher–Farr amendment protects state medical marijuana laws.
• The Justice Department adopted the Cole memo in 2013 for non-medical cannabis enforcement.
• The Department of Justice allowed Native American tribes to grow and sell marijuana.
• The FDA approved synthetic cannabis drugs for medical use.
• The Compassionate Access, Research Expansion, and Respect States Act was introduced in 2015.
• Attorney General Jeff Sessions rescinded the Cole memo in 2018.

Crime and Racial Disparity:

• Majority of cannabis arrests are for possession.
• In 1997, most inmates in state prisons for marijuana-related convictions were not convicted of simple possession.
• Over 12 million cannabis arrests in the U.S. since 1996.
• 88% of marijuana violations in 2012 were for possession only.
• Marijuana arrests make up nearly half of all drug arrests in the U.S.
• Black and white people use marijuana at similar rates.
• Nationwide, Black people are 3.6 times more likely to be arrested for marijuana than white people.
• Disparities in arrests vary among states.
• Black people are more likely to go to prison for marijuana charges in all states.
• Racial profiling contributes to disparities in marijuana arrests.

Cannabis in the United States Data Sources