Current:Home > FinanceIs pot legal now? Despite big marijuana news, it's still in legal limbo. -NextFrontier Finance
Is pot legal now? Despite big marijuana news, it's still in legal limbo.
View
Date:2025-04-13 19:45:13
Tuesday brought big marijuana news: The Biden Administration is expected to soon reclassify marijuana for the first time in decades, putting it in a less restrictive drug category that would allow it to be studied and prescribed more easily.
But that news comes in a nation where many states have already crafted their own marijuana policy: Some states allow for it to be prescribed already; others allow people to use it recreationally. Few states ban it outright.
For years, a confusing patchwork of marijuana laws have blanketed the nation. And Tuesday's news will only make things more confusing for the moment. Here's what to know.
What happened with pot on Tuesday?
On Tuesday, a source familiar with the process confirmed that they plan to reclassify marijuana for the first time since the Controlled Substances Act was signed in 1970.
Since that time, it's been considered a Schedule I drug – believed highly dangerous, addictive and without medical use.
Soon it should be considered a Schedule III drug that can be lawfully prescribed as medication regulated by the FDA.
Does that mean marijuana will be legal in the US?
Even with these new rules, marijuana will still be considered a controlled substance. That means there are federal laws governing how it can be used — and those rules would be for prescribed medical purposes.
It would be considered similar to Tylenol with codeine or anabolic steroids — legal when taken for prescribed medical uses.
However, because marijuana has been considered highly dangerous, addictive and without medical use for so long, there will be a process for determining what prescribed medical purposes the federal government will allow.
Is recreational marijuana legal in the US?
According to the federal government — no. That doesn't change with this planned classification shift.
Some states, however, disagree with the federal government and have created their own rules: Much of the country allows recreational use.
Explained:Why marijuana is both legal and illegal in US, despite Biden pardons.
In those cases, a strange and awkward legal arrangement unfolds where states disregard the federal government's stricter laws and the federal government generally doesn't enforce its own rules.
The end result: Recreational marijuana feels legal in much of the U.S., even if it technically isn't.
Is medical marijuana legal in the US?
This is where things get even more muddled.
Tuesday's announcement paves the way for the federal government to allow for marijuana prescriptions.
The catch: The FDA hasn’t approved the cannabis plant for any medical use (yet).
That said, federal regulators have approved several drugs containing cannabinoids, or substances such as THC or CBD found in the cannabis plant, according to the National Institutes of Health.
And, just as with recreational marijuana, states have widely disregarded the federal government's historically strict stance on medical marijuana and made their own patchwork of rules. Only a handful of states have a complete prohibition on marijuana, including South Carolina, Idaho, Kansas and Nebraska.
The end result: Medical marijuana feels legal in much of the U.S., even if it technically isn't (yet).
What else is confusing about marijuana's legal status in the US?
So much.
Just for starters, the Biden administration has been outspoken in its opposition to the federal government's stance on marijuana. But actually changing the position is a bureaucratic nightmare, only slightly improved by moving pot from a Schedule I to a Schedule III drug.
So in the meantime, they've announced legal workarounds with limited scope — things like pardoning certain federal marijuana-related crimes (although most convictions actually happen at the state level).
And for years, the federal government has had various rules about not challenging state's more permissive laws.
Plus, state laws often involve decriminalization — not legalization — of marijuana. That means the drug is still considered illegal, but punishments are reduced from prison time to paying a civil fine or attending treatment.
To eliminate the stark conflict between state and federal laws, marijuana would need to be removed from the Controlled Substances Act list altogether, experts and advocates previously told USA TODAY.
Experts say there's a chance that could happen eventually, but it's still a long way off.
veryGood! (58)
Related
- Which apps offer encrypted messaging? How to switch and what to know after feds’ warning
- Oversight Committee chair to subpoena Secret Service director for testimony on Trump assassination attempt
- After reshaping Las Vegas, The Mirage to be reinvented as part of a massive Hard Rock makeover
- Why Messi didn't go to Argentina to celebrate Copa America title: Latest injury update
- Justice Department, Louisville reach deal after probe prompted by Breonna Taylor killing
- Shop Amazon Prime Day’s Deepest, Jaw-Dropping Discounts -- Beauty, Fashion, Tech & More up to 84% Off
- Liv Tyler’s 8-Year-Old Daughter Lula Rose Looks So Grown Up in Rare Photos
- Amazon Prime Day 2024 Sell-Out Risks: Crest, EltaMD, Laneige & More — Grab Them Before They're Gone
- John Galliano out at Maison Margiela, capping year of fashion designer musical chairs
- Tribes and Environmentalists Press Arizona and Federal Officials to Stop Uranium Mining Near the Grand Canyon
Ranking
- Grammy nominee Teddy Swims on love, growth and embracing change
- Minnesota’s ban on gun carry permits for young adults is unconstitutional, appeals court rules
- Zenith Asset Investment Education Foundation: The value of IRA retirement savings
- MLB national anthem performers: What to know about Cody Johnson, Ingrid Andress
- Warm inflation data keep S&P 500, Dow, Nasdaq under wraps before Fed meeting next week
- More than 2 dozen human skeletons dating back more than 1,000 years found in hotel garden
- Innovatech Investment Education Foundation: The value of IRA retirement savings
- Residents evacuated in Nashville, Illinois after dam overtops and floods amid heavy rainfall
Recommendation
Charges tied to China weigh on GM in Q4, but profit and revenue top expectations
College pals, national champs, now MLB All-Stars: Adley Rutschman and Steven Kwan reunite
High school coach in California accused of texting minors to commit sex crimes
After 19-year-old woman mauled to death, Romania authorizes the killing of nearly 500 bears
A South Texas lawmaker’s 15
Understanding Options Trading with Bertram Charlton: Premiums, Put and Call Options, and Strategic Insights
Jennifer Aniston’s Go-to Vital Proteins Collagen Powder Is on Sale for Only $17 During Prime Day
Arkansas is sued for rejecting petitions on an abortion-rights ballot measure