If you enjoy using marijuana, there are lots of things that you’ll want to know about the legal aspect of it. The relationship between the authorities and marijuana is fairly complicated, which is why it’s so important that you educate yourself. The more information you gather on this topic, the better off you will be as a whole.
What does Federal Law Say About Marijuana?
The Federal Controlled Substances Act, which went into effect in 1970, uses a five category system. Marijuana is still considered a Schedule I controlled substance. Despite all of the research data we now have, congress has not acknowledged its medicinal benefits.
Congress has the ability to remove or change any drug’s schedule classification if there is a consensus. There have been lots of proposals to drop marijuana down to a Schedule II controlled substance, but so far it hasn’t happened.
All of this means that it is still technically illegal to buy, sell or use marijuana anywhere in the U.S. This includes places that have legalized it on a state level.
State Marijuana Laws
Over the last decade or so, a number of states have legalized marijuana for medicinal and/or recreational use. A majority of U.S. states that made it legal for at least medical usage. So far there are only a few states where recreational use is allowed.
The first ever state law pertaining to marijuana was the Compassionate Use Act, which was enacted in California back in the mid-90s. This law made it legal for doctors to recommend cannabis to certain patients who they believed could benefit from it. Again, this was only on a state level and not federal.
There are lots of different restrictions pertaining to the selling, possession and growing of marijuana in states where it is legal. In other words, you can’t buy, grow or sell as much as you want at one time. Both customers and those involved in the selling of marijuana need to abide by these laws.
Supreme Court Rulings
The United States Supreme Court has ruled that federal law supersedes state law when it comes to the selling, buying and possession of marijuana. The confusing part about all of this is that the marijuana laws in states where it is legal are not considered unconstitutional.
The Supreme Court has stated that there are no real issues with state marijuana laws, provided they don’t conflict with federal law enforcement in any way.
Can I get in Trouble with the Federal Government for Buying Marijuana?
The short answer to this question is “yes”. There aren’t a lot of cases of private citizens being arrested or harassed by the federal government for personal marijuana consumption, but it’s a possibility. It is important to keep in mind that even those who live in a state where cannabis is completely legal are still technically breaking the law.
Risk to Marijuana Businesses
Businesses that sell marijuana products in states where cannabis has been legalized are still at risk for federal intervention. These businesses are subject to civil forfeiture, which basically means that the government can step in to take their profits if they want. This is due to the fact that marijuana is still classified as a Schedule I controlled substance under federal law.
Final Thoughts
When you take the time to learn about the authorities and marijuana, you will have a better understanding of what is really going on. Despite the massive wave of legalization throughout U.S. states, a lot of individuals and businesses are still concerned. Until marijuana is decriminalized on a federal level, there will continue to be lots of complications and issues surrounding this substance.
