The cannabis landscape in the United States has been undergoing significant changes. As of March 1, 2023, 21 states, Washington D.C., Guam, and the Northern Mariana Islands have enacted laws allowing the recreational use of marijuana. This marks a notable shift from the early 20th century when Congress outlawed recreational use in 1937, following a period of media focus on cannabis-related violence and the development of synthetic painkillers.
Marijuana remains illegal at the federal level, but more than half of the states, along with the District of Columbia, Guam, Puerto Rico, and the U.S. Virgin Islands, have legalized it for medical use. Furthermore, an increasing number of states are legalizing marijuana for non-medical adult use. Despite its varied uses, marijuana is still the most commonly used federally illegal drug in the United States, with approximately 18% of Americans using it at least once in 2019.
In a significant move, President Biden announced a pardon for all prior federal offenses of simple possession of marijuana, a step towards ending the failed approach to marijuana policy. Concurrently, the U.S. Department of Justice updated its federal marijuana enforcement policy, reflecting the recent state ballot initiatives that legalize the possession of small amounts of marijuana and regulate its production, processing, and sale.
Despite these advancements at the state level, the conflict with federal law persists. Under the Constitution’s Supremacy Clause, federal law takes precedence over conflicting state laws. The Supreme Court has upheld that state laws authorizing medical marijuana use do not supersede federal law.
As the landscape evolves, the social and political factors associated with state-level legalization are increasingly significant. As of January 2021, 36 states and Washington D.C. have legalized medical cannabis use, and 14 states and D.C. have legalized adult nonmedical use. This varied legalization across states presents a complex tapestry of cannabis policies, each with its implications for public health and legal systems.
For more detailed information, visit the following resources:
Congressional Research Service Report,
National Institutes of Health Article,
Centers for Disease Control and Prevention,
White House Statement,
Department of Justice Announcement.
