Marijuana Enforcement in a Post-2018 United States
- Drug schedules determine the severity of certain drug crimes. Marijuana is a Schedule I drug on the federal level, which ensures that felony charges are underlying at least some marijuana crimes.
- States may have their own laws for different marijuana offenses, but the consequences of violating a federal marijuana prohibition typically include federal penalties—ones that can disrupt your personal and professional life in many, many ways.
Violating marijuana prohibitions at the federal level can lead to the following penalties:
Decriminalization and the Future
Prior to 2013, no state had legalized recreational marijuana. Since voters approved Colorado Amendment 64 in 2012, nearly 20 states including Nevada have legalized marijuana for recreational purposes. The majority of states have decriminalized or legalized some level of medicinal marijuana use. In total, 37 states have legalized the drug for medicinal purposes, with another 13 partially decriminalizing the drug for medical reasons.
Efforts to remove marijuana entirely from the Controlled Substances Schedule gained steam after the 2018 Farm Bill legalized certain types of hemp (a cannabis plant) at the federal level. Amendments to marijuana prohibition and state advocacy make it unlikely the federal government will enforce the maintained prohibition.
Understanding the Controlled Substance Schedule
The federal Controlled Substance Act](https://www.fda.gov/) created the schedules for all controlled substances, including marijuana. Controlled substances refer to drugs with a high risk of abuse or dependence and include drugs such as prescription painkillers, heroin, and cocaine.
Marijuana’s Schedule I Controlled Substance Status
The Controlled Substance Act lists substances according to their potential medical use and risk of abuse or dependence. Schedule I drugs pose a high risk for addiction and dependence and do not have any recognized medical value.
Other Schedule I controlled substances include:
Many health professionals, including powerful movements within the American Medical Association and other organizations, argue that marijuana has valuable benefits for individuals managing severe conditions and chronic pain to glaucoma and seizures. The classification of marijuana within the same schedule as psychoactive chemicals like heroin puts it in the same company with substances that seemingly offer no form of medical benefits and poses significant risks. Nevertheless, these classifications and the Controlled Substances Act continue to dictate federal law.
Keep in mind, however, that authorities will heavily enforce these penalties and that virtually no medical defense exists for federal marijuana charges.
Legalization of Industrial Hemp
The importance of the Farm Bill represents a potential shift in the outlook of marijuana regulation as well. The agricultural bill primarily provides financial support and subsidies to farmers of essential crops destined for widespread consumption and use (e.g. corn, wheat, soybeans). The latest version of the Farm Bill, signed by former President Donald Trump, cast a large net that included marijuana’s sister crop: hemp.
Hemp is related to the marijuana plant and contains miniscule levels of THC, the psychoactive cannabinoid chemical responsible for marijuana’s characteristic high and its Schedule I status. The 2018 Farm Bill effectively legalized hemp at the federal level and sets the ground for its regulated production at widespread commercial levels. The bill keeps the power within the states, granting states the authority to determine regulation and licensure. Generally, states can authorize the commercial production and sales of hemp after submitting a plan approved by the an goes into effect in every state.
Marijuana and Hemp’s Different Scheduling
While marijuana remains a Schedule I, some versions of hemp-related CBD receive exemption and land outside the schedule structure. The specific legal status of CBD in each state ultimately determines whether you may possess safe hemp-related products.
An important note for those traveling across state borders: the 2018 Farm Bill does offer specific consumer protections when traveling with approved hemp products:
- Hemp CBD extracts with no detectable THC (pure CBD, or pharmaceutical CBD) can cross state lines
- Hemp-derived CBD with less than .03% THC can cross state lines–It is important to note that this follows only federally permitted routes. Transportation of these products through a state that still enforces marijuana prohibition can still result in federal charges.
Legal Impact—Recreational Marijuana
Only 10 states in the U.S. have fully legalized marijuana by adopting Amendment 64-like legislation:
- Alaska
- California
- Colorado
- Maine
- Massachusetts
- Michigan
- Nevada
- Oregon
- Vermont (allowing certain sales in 2020)
- Washington
Residents of these states have relatively broad marijuana rights:
- They can consume marijuana recreationally.
- They can possess limited amounts of marijuana for recreational consumption.
- They can cultivate limited amounts of marijuana for recreational consumption.
For those over 21, they can purchase marijuana from an authorized dispensary. Recreational marijuana consumption does not translate into absolute marijuana freedom—states generally retain the authority to implement their own marijuana regulations, including those concerning marijuana in the workplace.
Legal Impact—Medicinal Marijuana
Marijuana law diverges concerning the legality and regulations that govern medicinal use:
- Marijuana-containing medications are a Schedule II controlled substance, making it legal for medicinal reasons.
- Many states allow residents to legally use marijuana for various qualifying conditions. Nonetheless, use still technically violates federal criminal law.
Some cities permit the use of medicinal marijuana but do not allow dispensaries or cultivation within their city limits. As a result, the dispensaries that do exist could potentially end up in geographic areas help from new regulations as the fledgling industry takes hold.
Legal Impact—Reduction
Most states have laws treating marijuana as a lesser criminal offense than other possession crimes. Even though medical marijuana users are not able to avoid THC showing up in a drug test, most states' first-offense simple possession marijuana charge carries minimum consequences.
Remember, “lesser” does not mean “dissertation.” These less severe charges can still lead to serious consequences, but first-offense marijuana cases are often much easier to argue, especially with the help of an attorney.
Marijuana is widely available and used in almost every geographic location in the United States, though it’s legality depends on where you reside. Every state has their own laws that dictate the legality of using, possessing, and distributing marijuana within state lines.
While certain states have legalized the use and distribution of marijuana for both medical and recreational purposes, this does not mean it is completely legal everywhere. In fact, marijuana and marijuana-based products still remain illegal at the federal level per the Controlled Substances Act.
Because marijuana is illegal at the federal level, possessing it, distributing it, or even growing it are considered criminal drug violations across the United States. If you find yourself facing serious federalmarijuana-related charges, it is of utmost importance that you consult with an experienced criminal defense attorney to go over the details of your case.
If you have been charged with a marijuana-related crime, our team at Goodman Law Group can help. Contact us todayat (702) 825-7854.
MSNBC
.2308101414231.png "Super Lawyers 10 Years")
.2308101413182.webp "AV Preeminent"){kind=logo}
