The legality of marijuana in the United States is complicated. In 1970, marijuana was classified as a Schedule 1 substance, in the same class as heroin. Schedule 1 substances are regarded as highly addictive and lacking any accepted medical usage. The Controlled Substances Act made the distribution of marijuana a federal offense. Today, however, the American marijuana industry is booming. So what happened? Is marijuana legal in the United States?

Voting for Change

In the United States, marijuana is used for hemp products, medical purposes, recreational use of THC, and the production of cannabidiol products like CBD. Between 1972 and 2020 alone, voters in 21 different states voted on 75 ballot measures regarding marijuana. Most of these ballot measures were designed to push state legislation towards decriminalization and legalization. As of 2021, voters approved ballot measures for marijuana legalization of varying degrees in 13 states. Regarding political party affiliation, Democrats and independents generally favor legalization while Republicans oppose it. Conversely, the legalization of medical marijuana is supported more significantly by all parties.

States That Legalized Marijuana for Medical Use Only

Last May, Governor Kay Ivey of Alabama signed one of the most restrictive bills in the nation legalizing cannabis for medicinal purposes. However, the list of approved conditions for medical marijuana usage is concise. Arkansas voters legalized medicinal cannabis usage in 2016. Residents of Arkansas have spent over $250 million on medical marijuana since 2019. Despite being a majority Democratic state, Delaware has only legalized marijuana for medical use.

Similarly, Floridians can use marijuana for medical purposes as directed by their doctor. Members of the Florida state legislature are currently working to restrict the amount of THC allowed in medicinal cannabis. Georgia, the state with the 5th highest cannabis-related arrest rate, legalized medicinal marijuana in extremely low-dose THC products only. Kansas holds the same stance, permitting only low-THC products for medicinal use. Additional states who have legalized marijuana for medical use only include the following: Louisiana, Maryland, Minnesota, Missouri, New Hampshire, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Dakota, Tennessee, Texas, Utah, and West Virginia.

CBD-only States

Wyoming, much like Georgia, has one of the highest cannabis-related arrest rates in the United States. Despite that, CBD use is permitted for medicinal purposes. CBD use is also allowed despite cannabis's illegality in Wisconsin, South Carolina, Kentucky, and Iowa. CBD products may be legal in these states, but the restrictions vary based on the form the product takes. Some of these states do not allow the use of smokable flowers, for instance.

States Where Marijuana Use is Fully Legal

Marijuana use is entirely legal for recreational and medicinal purposes in a surprising number of states. While 40,000 people are currently imprisoned over marijuana offenses in the United States, dispensaries are flourishing in states like California and Colorado. Marijuana has total legality in Connecticut, Idaho, Illinois, Indiana, Maine, Massachusetts, Michigan, Montana, Nevada, New Jersey, New Mexico, Vermont, Virginia, New York, and Washington. As time passes, so do marijuana legalization bills. Yet, many people remain incarcerated. This discrepancy is exacerbated by the fact that Black people are over four times more likely to be arrested for possession of marijuana than white people.

It is essential for consumers and the cannabis industry to acknowledge the inconsistency surrounding the 40,000 people jailed over a substance that is now expected to rake in $24 billion in industry sales this year. As marijuana is becoming legalized in more and more states, the damages the "war on drugs" has done to minorities in our country need to be reversed accordingly. An excellent way to get involved is by following the Last Prisoner Project for opportunities to volunteer and donate. If you are unable to do either, consider becoming a part of their letter-writing program. This program allows people to write letters to those incarcerated for marijuana offenses to let them know they are supported and not forgotten about in a country that has missed a crucial social justice step in the marijuana legalization process.