The Federal Government Still Considers Cannabis Possession, Use, and Distribution a Crime Despite State Legalization

Even though on Nov. 5, 2024, Nebraska became the 15th state to legalize exclusively medical marijuana, and despite the fact that 24 other states have legalized dual adult- and medical-use cannabis—none of that has changed the fact that cannabis use and sale remains a federal offense. From smoking, vaping, or ingesting alone or at a party to growing, transporting, or providing it to another—for money or for free—all amount to federally criminal activity.

Possession and Distribution of Cannabis Remains a Federal Offense Under U.S. Law

Simple marijuana possession, typically personal usage without a federally recognized prescription or without federal authorization, is a federal criminal offense in violation of 21 United States Code 844. When marijuana is possessed “with intent to distribute” or when it is actually distributed, manufactured, cultivated, sold, or transferred—that too is a federal crime under 21 United States Code section 841(a).

Those convicted of such offenses can face federal prison time, with the length of the custody sentence based on the amount of the substance involved in the transaction. For example, someone who possesses 100 marijuana plants of any size (but less than 1,000 plants) faces a mandatory minimum sentence of five years of imprisonment without parole.

Additionally, federal drug offenses base the severity of penalties not on the weight of the pure substance but rather on the weight of the entire mixture or substance containing a detectable amount of the federally illegal substance. This means that if someone possesses marijuana cut with filler (like oregano), the prison time is based on the combined weight of the drug and the filler.

Medical Cannabis Laws Do Not Protect Users From Federal Prosecution

No physician practicing medicine in the United States with a DEA license to prescribe medication can prescribe marijuana. If they do, they risk reprisals against their DEA licenses to prescribe narcotics. This is why in states that have legalized medical marijuana, those physicians issue “recommendations” rather than prescriptions. These states allow patients to use medical marijuana with a recommendation from a physician, leaving many marijuana users vulnerable to federal criminal exposure.

Even those who use medical marijuana in jurisdictions that have legalized it are at risk of federal prosecution. The United States Supreme Court in Gonzales v. Raich, 545 U.S. 1 (2005), ruled that Congress acted constitutionally when it criminalized marijuana use and that even if someone used home-grown marijuana for medical reasons in a state where it was legal, they could still face federal prosecution.

The History of Federal Cannabis Prohibition: Over 50 Years of Criminalization Under the CSA

Cannabis has been federally illegal for over 50 years due to President Richard Nixon’s Comprehensive Drug Abuse Prevention and Control Act of 1970, which established the Controlled Substances Act (CSA). The CSA classifies substances into five schedules, with Schedule I being the most restricted category. Marijuana, along with heroin, LSD, and peyote, was placed in Schedule I, meaning it is considered to have a high potential for abuse and no accepted medical use.

The federal stance on marijuana has remained unchanged, with the DEA continuing to classify it as a Schedule I drug. The DEA’s website still considers cannabis as a high potential for abuse, no currently accepted medical use in treatment in the United States, and a lack of accepted safety for use under medical supervision.

Federal Rescheduling Efforts Stalled Despite Strong Public Support for Legalization

In October 2022, President Joe Biden issued pardons for federal marijuana possession convictions and directed a review of marijuana’s classification under the CSA. The HHS later recommended in August 2023 that the DEA reclassify marijuana as a Schedule III substance, acknowledging its medical use.

Despite scientific review by the FDA and public support for rescheduling, the DEA has delayed making a decision. The agency opened a public comment period in May 2024, receiving 43,565 comments, with approximately 69% supporting full descheduling rather than just rescheduling to Schedule III.

The Administrative Law Judge Suspended the Rescheduling Hearings in January 2025

In October 2024, DEA Administrator Anne Milgram announced that an administrative law judge (ALJ) would oversee the evidentiary hearing on marijuana’s medical efficacy and potential rescheduling. However, on Jan. 13, 2025, just days before President Trump’s inauguration, the ALJ canceled the hearing and stayed the proceedings pending appeal to the DEA administrator. This effectively halted the rescheduling process.

The Trump Administration’s Stance on Cannabis Legalization Signals a Return to Prohibitionist Policies

On Feb. 11, 2025, President Trump nominated Terry Cole as the new DEA administrator. Cole is known for his strong anti-marijuana stance, aligning with the Reagan-era “Just Say No” movement. Additionally, Attorney General Pam Bondi, who was confirmed by the Senate, has historically opposed marijuana legalization.

Although Trump has made conflicting statements about marijuana legalization, his administration appears to be taking an anti-legalization stance. With the rescheduling hearings canceled and no executive action taken on marijuana reform, the likelihood of federal legalization in the near future remains slim.

Cannabis Will Remain Federally Illegal for the Foreseeable Future

The fate of federal marijuana policy now rests with the DEA, which has the authority to withdraw the proposed rule, proceed with rescheduling, or hold new hearings with different participants. However, with key officials in the Trump administration opposing legalization, marijuana reform remains stalled.

For now, cannabis continues to be federally illegal, and those who use it—even in states where it is legal—remain at risk of prosecution. As the situation unfolds, it is clear that elections have significant consequences for marijuana policy in the United States.