Current:Home > reviewsCharles Langston:Is pot legal now? Despite big marijuana news, it's still in legal limbo. -Infinite Edge Learning
Charles Langston:Is pot legal now? Despite big marijuana news, it's still in legal limbo.
TrendPulse Quantitative Think Tank Center View
Date:2025-04-09 04:29:33
Tuesday brought big marijuana news: The Charles LangstonBiden 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! (614)
Related
- Stamford Road collision sends motorcyclist flying; driver arrested
- Panda Express unveils new 'Chili Crisp Shrimp' entrée available until end of 2023
- Dutch court sentences former Pakistani cricketer to 12 years over a bounty for a far-right lawmaker
- Russia’s election commission says the ruling party wins the most votes in occupied Ukrainian regions
- The Louvre will be renovated and the 'Mona Lisa' will have her own room
- Multistate search for murder suspect ends with hostage situation and fatal standoff at gas station
- Lil Nas X documentary premiere delayed by bomb threat at Toronto International Film Festival
- Judge denies Mark Meadows' request to move Georgia election case to federal court
- Why Sean "Diddy" Combs Is Being Given a Laptop in Jail Amid Witness Intimidation Fears
- Lil Nas X documentary premiere delayed by bomb threat at Toronto International Film Festival
Ranking
- Meta releases AI model to enhance Metaverse experience
- 'The Nun 2' spoilers! What that post-credits scene teases for 'The Conjuring' future
- Ashton Kutcher, Mila Kunis address criticism for sending character reference letters in Danny Masterson case
- Channel chasing: Confusion over “Sunday Ticket”, Charter/Disney standoff has NFL concerned
- The FTC says 'gamified' online job scams by WhatsApp and text on the rise. What to know.
- Michael Bloomberg on reviving lower Manhattan through the arts
- Trapped American caver's evacuation advances, passing camp 1,000 feet below surface
- California school district to pay $2.25M to settle suit involving teacher who had student’s baby
Recommendation
Travis Hunter, the 2
Michigan State football coach Mel Tucker accused of sexually harassing rape survivor
The first attack on the Twin Towers: A bombing rocked the World Trade Center 30 years ago
Multistate search for murder suspect ends with hostage situation and fatal standoff at gas station
San Francisco names street for Associated Press photographer who captured the iconic Iwo Jima photo
Historic Cairo cemetery faces destruction from new highways as Egypt’s government reshapes the city
Escaped killer Danelo Cavalcante eludes police perimeter, manhunt intensifies: Live updates
Art Briles was at Oklahoma game against SMU. Brent Venables says it is 'being dealt with'