{"id":286765,"date":"2019-10-16T14:18:43","date_gmt":"2019-10-16T19:18:43","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/cannabis-law\/cannabis-laws-and-regulations\/marijuana-vote-the-legal-history.html"},"modified":"2023-06-27T08:41:14","modified_gmt":"2023-06-27T13:41:14","slug":"marijuana-vote-the-legal-history","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/cannabis-law\/cannabis-laws-and-regulations\/marijuana-vote-the-legal-history.html","title":{"rendered":"Marijuana Vote: The Legal History"},"content":{"rendered":"\n
\n \n
\n

Marijuana Vote: The Legal History<\/h1>\n
\n
\n By Olivia Wathne, J.D.<\/a> | Legally reviewed by Amber Sheppard, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

\n
\n
\n

Key Takeaways<\/h2>\n

In 1970, President Nixon signed the Controlled Substances Act<\/a> as part of his "war on drugs" movement. The act combined existing federal laws into one. It also categorized drugs into five Schedules<\/a> based on different factors. These factors include the potential for abuse and medical use.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n

The legalization of marijuana has been the center of debate for years. Proponents argue legalization creates revenue for state and local governments and is in the interest of public health. Those who oppose legalization raise concerns about its addictive nature and health impact.<\/p>\r\n

The marijuana legislative history is long and complex, mainly due to the lack of consensus on whether it should be legal or not. This article offers a general overview of the legal history of cannabis.<\/p>\r\n

History of Federal Marijuana Laws<\/p>\r\n

In 1937, the federal government banned the use of cannabis when the Senate passed the "Marihuana" Tax Act (sic)<\/a>. Shortly after passing, however, the Supreme Court held in Leary v. United States<\/i><\/a> that the Marihuana Tax Act violated the Fifth Amendment right against self-incrimination<\/a>.<\/p>\r\n

 Marijuana is a Schedule I drug, putting it among the highest-regulated drugs. As a result, the act imposed criminal penalties on the use of marijuana and marijuana possession.<\/p>\r\n

That same year, the National Organization for the Reform of Marijuana Legislation (NORML) formed. NORML played a major role in the cannabis legalization movement. Today, ballot initiatives helped state legalization of marijuana. Lobbying and activism for cannabis legalization aided these widespread efforts.<\/p>\r\n

In 2018, the Biden administration enacted the 2018 Farm Bill<\/a>. The bill legalized hemp<\/a> but did not change the legal status of marijuana. Currently, marijuana remains federally illegal. However, the prosecution of federal marijuana offenses remains relatively low.<\/p>\r\n

In December 2022, President Biden signed into law the Medical Marijuana and Cannabidiol Research Expansion Act<\/a>. The Act allows federally funded research facilities and universities to research the potential harms and benefits of marijuana. It also allows researchers to study the effects that marijuana has on fine motor skills and adolescents. If the research results are positive, the federal government could potentially consider reclassifying marijuana’s status as a Schedule 1 drug in the Controlled Substances Act.<\/p>\r\n

State Marijuana Laws<\/h2>\r\n

Although marijuana is still illegal under federal law, state marijuana policies<\/a> and cannabis laws continue to evolve. Every state has laws on drug offenses. More states are decriminalizing and legalizing<\/a> both medical and recreational marijuana products.<\/p>\r\n

Medical Marijuana Laws<\/h2>\r\n

California was the first state to legalize the medical use of cannabis for patients with severe illness through the Compassionate Use Act of 1996<\/a>. Maine, Washington, Oregon, Alaska, and D.C. then legalized medical marijuana in the 1990s.<\/p>\r\n

As of April 2023, 38 states and Washington, D.C. have passed laws that either legalize or decriminalize medical marijuana.<\/a> Marijuana possession for personal use<\/a> can result in a state misdemeanor or even a felony. The use of Marinol<\/a>, a medication that uses synthetic THC to stop pain in patients, is not the same as personal use.<\/p>\r\n

Recreational Marijuana Laws by State<\/h2>\r\n

Colorado legalized recreational marijuana for the first time in 2012. Recreational use of small amounts of marijuana is now legal in twenty-two states and the District of Columbia.<\/a><\/p>\r\n

In addition to making marijuana legal, some states like Illinois also included a criminal justice component<\/a> in their bill, expunging<\/a> marijuana conviction records of hundreds of thousands of Illinois residents.<\/p>\r\n

Medical and Recreational Marijuana Laws by State<\/h2>\r\n

Medical Marijuana by State<\/a><\/p>\r\n

Each state has its own medical marijuana program that allows the use of marijuana for specific medical purposes. Medical marijuana laws vary drastically by state<\/a>. Make sure to read your state’s medical marijuana requirements carefully.<\/p>\r\n

Medical cannabis or adult use cannabis is legal in the following states:<\/p>\r\n