Chapter Seven - The Legality of

“It’s a very strange thing when you make nature illegal”

• Joe Rogan

When we speak in terms of legality, the history of Cannabis follows a very rocky path, and consequently, it is very tumultuous. Marijuana went from a period of being widely used and encouraged to becoming illegal. After a struggle of thirty years, it was finally proved through research that cannabis is indeed a medical miracle! This led to it becoming legal in certain states for medical uses.

We discussed the details of Cannabis and its history in chapter two. It is evident that Cannabis was once used widely and appreciated for being a wonder drug. Unfortunately, the propaganda against Marijuana led to the imposition of a ban that has its effects in play, even today. Despite gaining approval and legality across the nation from different states, the legality status Cannabis enjoys today never really returned to its former glory.

As the fight against marijuana’s legality and proof of its usefulness continue, all I can really think is why… Why are people still ignoring the advantages and uses of Cannabis? Why is such a marvelous drug still banned in three states even today? Why is it that there are still so many restrictions placed in the usage and consumption of the drug, in some states, even today? Why are there rules about how much marijuana can be carried and grown? Why is it, that even after all this research and states approving Cannabis, the Federal Government still thinks of it as something illegal and harmful?

Federal Government on Cannabis

There is a scheduling system in place for drugs in the United States. This scheduling system is made up of two different groups; medical drugs and non-medical drugs. Schedule 1 drugs fall into the category of the non-medical group. These are the drugs that are thought and alleged to have no medical value. In fact, the common perception is that they also have a high potential for abuse. The medical group comprises of the substances that fall in schedule 2 to 5. These drugs are considered for having some medical value. These are ranked numerically based on the potential they have for being abusive. This is usually rated from high to low.

Another major difference that sets apart schedule 1 and 2 substances is whether the federal government recognizes and perceives any of the drugs as having medical value or not. According to the Drug Enforcement Agency or DEA, schedule 2 substances are considered to be more important and have a higher medical value standing as compared to the ones listed in schedule 1. Therefore, more regulatory scrutiny is directed towards the schedule 1 substances even though they might not be as dangerous.

Take a wild guess and tell me what category do you think Cannabis falls into? As per the scheduling system, marijuana is classified as and comes under the schedule 1 category of drugs. It shares this prestigious classification spot with some of the most notorious drugs such as LSD, heroin, ecstasy, etc. if you think this is unfair, wait till I tell you the best part. Marijuana comes at and is placed on a schedule or category that is more restrictive. Apparently, the government thinks that even cocaine and meth are safer drugs comparatively. Which is why they are considered as part of schedule 2.[1]

This categorization of marijuana sounds ridiculous, especially compared to meth and cocaine. However, the truth is that the federal government views heroin and marijuana equally. The drugs that are placed in schedule 1 and 2 lists are both described as drugs that have "a high potential for abuse." Over the course of years, there have been many suggestions about the rescheduling of marijuana but unfortunately, it has run through one obstacle or the other. Since the schedule cannot be changed directly by the President of the United States but rather, only through the administration, body – through the secretary of health and human services or AG, it is hard to call the scheduling of drugs into review.

There has to be a large-scale clinical trial conducted to give the federal government a proof that the drug is important so that they consider its rescheduling. Unfortunately, no large-scale clinical trials have been conducted on marijuana. The only explanation we have for this is that it is hard to get approval for drugs and the substances that are listed in schedule 1. So until and unless it is reclassified, conducting large-scale clinical tests on it will certainly be hard.[2] It is the Congress that also holds power to pass legislation to reschedule marijuana but it is hard to imagine their cooperation on this.

The scheduling system is directly linked with the criminal penalties for the possession of illicit drugs. This doesn't necessarily mean that it is the final word. The criminal penalties for marijuana are usually lenient when compared to those of the other substances placed in schedule 1. This can be seen as an acknowledgment that marijuana isn't as much of a risk as Ecstasy and LSD.[3]

To think that Cannabis has no medical uses is an outrage! CBD and Cannabis help treat a lot of medical issues including epilepsy as a result of this the Drug Enforcement Agency (DEA) recently made a schedule 1 classification on an epilepsy medication called Epidiolex. This means that the DEA has changed where some of the CBD products are scheduled.[4] It builds hope that things in the Cannabis world are relaxing and improving, slowly but surely.

The legalization of Hemp and its effects

“The legalization of marijuana is not a dangerous experiment – the prohibition is the experiment, and it has failed dramatically, with millions of victims all around the world.”

- Sebastian Marincolo

The Farm Bill was signed in 2018. With this, hemp (from which CBD is extracted from) was[5]. This was a much-welcomed change. Although it had been legal before and mostly used for fabrics, it had become illegal to grow or sell hemp in the US. The fact that this bill was signed was a warmly welcomed changed.

It is good news because it has made CBD more common than it used to be. Even though it isn’t at the point where we would have liked it to be, there is still increased awareness on the subject of CBD, if compared to the previous years. However, if we look at the legal status of CBD there is still confusion, lack of certainty, and clarity. CBS is still considered an illegal drug by the DEA and also the Food and Drug Administration (FDA). The FDA prevents CBD from being put into food items and health products, without approval. FDA’s commissioner Scott Gottlieb has clearly stated that even though hemp has been legalized, the FDA’s stance on the drug is still the same and remains unchanged.[6]

Even though it is a wonder drug, and there has been hype about its magical healing powers, the industry, government, and many people remain dubious and call these facts mere claims. Some people and even researchers have gone so far as calling the rise of CBD’s fame and popularity as a farce. It has also been compared to a scam like snake oil was.[7]

The lackadaisical approach by DEA towards CBD and even these people have actually helped the industry sell about $350 million worth of products in 2017. It was estimated that the numbers will certainly increase over the years. The fact that hemp was legalized has also added to the sales and will continue to do so. Now that it has been legalized, there is increased and easy access to CBD. This means more substantial trials, important trails, and detailed researches into its claimed health benefits will be and are being carried out. These findings will indeed change most of these drastic views and help the industry significantly too.[8]

Legal and Illegal Standing of Marijuana in the Different States

As legalization across different states continues, we see progress all around. However, Cannabis is legalized on different levels which vary from state to state. Some states enjoy a 100% legal status while others allow for only medical use of Cannabis. Some states allow cannabis usage medically but only if it has 0.3% THC content while a few have placed a complete ban on all types of Cannabis

Let’s first look at the states that have a 100% legal stance on Cannabis. These states are:

· California: This was the first state to legalize medical marijuana in 1996. 20 years later, after considering facts, reports, and researches, it went ahead and legalized recreational marijuana. Adults are allowed to buy 8 grams of marijuana. It is also allowed to grow six marijuana plants if desired.

· Maine: This is another state that allows medical and recreational use of Marijuana. In 2016, Mainers were given the right to possess a great quantity of Marijuana, double the limit from most states.

· Alaska: One step ahead of the others, Alaska legalized recreational marijuana back in 2015. Using and possessing up to an ounce of marijuana is allowed if you are an adult. The shops and dispensaries that sell cannabis have become quite a tourist attraction. It was estimated that every year, over two million people visit Alaska and spend $2 billion on marijuana.

· Colorado: It has been reported that there are more Marijuana dispensaries than McDonald’s and Starbucks chains[9]. If this doesn’t hint at the love and amount of consumption of Cannabis in this state then I don’t know what will. Colorado was actually one of the first two states to allow the legalization of Cannabis fully, back in 2012.

· Michigan: The consumption and possession of marijuana were made legal in this state very recently, in 2018 only. The bill passed allows for adults to carry up to 2.5 ounces of the drug. They are also allowed to grow 12 plants per house.

· Massachusetts: This state legalized recreational marijuana in 2016. It follows the same rules as Michigan State in terms of possession, consumption, and house cultivation.

· Oregon: This is another state that allowed Cannabis to enjoy a legal status earlier than most states. It legalized recreational use of marijuana in 2015. Since then, sales in marijuana have skyrocketed. It is expected that the sales will cross $1 billion in 2020.[10]

· Vermont: Vermont legalized marijuana through legislation in 2018.

· Nevada: This state allowed the use of recreational marijuana only in 2017. People over the age of 21 can purchase an ounce of marijuana.

· Washington D.C: it was legalized in 2015 through a bill, following the requests and demands of the people in voting to legalize marijuana in 2014.

· Washington: This was the first state to legalize marijuana. Since 2012, the cannabis dispensaries have enjoyed huge sales. The adults in the state are allowed to possess about 2 ounces of marijuana and gift up to one ounce to another.

It is also interesting to note that Marijuana has been rebranded as Cannabis as it underwent its legalization phase and process. This was done to cast the ‘stoners’ and addicts away.[11] This cannabis is legal for medical use in 23 states that include the following states:

· Arizona

· Connecticut

· Delaware

· Florida

· Arkansas

· Minnesota

· Maryland

· Montana

· Missouri

· Louisiana

· Hawaii

· Illinois

· New Mexico

· New Jersey

· New York

· New Hampshire

· Ohio

· Oklahoma

· Utah

· West Virginia

· Rhode Island

· Pennsylvania

· North Dakota

Some states allow CBD for medical purposes. This is allowed only on those types of cannabis that have a specific THC level. The states are listed below:

· Florida

· Iowa

· Kentucky

· Indiana

· Alabama

· Mississippi

· North Carolina

· South Carolina

· Texas

· Virginia

· Utah

· Mississippi

· Tennessee

· Georgia

· Wisconsin

· Wyoming

· Oklahoma

So how exactly did things shift from Cannabis being the “bane of our existence” to it becoming the “blessing in our lives”? It happened first, with the power of research. As increasing people reported that Cannabis was proving to be a wonderful way that relieved them of chronic pains, extensive research began to be carried out on that topic to see if evidence-backed these claims. The findings proved the theory that cannabis is a wonder drug. Therefore, California became the first state to decriminalize and legalize marijuana for medical usage once again in 1996.

Throughout the 1990s, this followed through. With more research than ever being carried out, people were able to come across the many advantages and benefits of marijuana. People found out that cannabis works at just about anything. From working as a treatment for many diseases such as Alzheimer’s, Parkinson, epilepsy, etc., to helping in relieving pain (for migraines, nausea, chronic pains. and illnesses). It works as a cure for various conditions including depression, anxiety, cancer, and even acne! Not just that, cannabis also helps prevent various health-related issues.

It is truly an all-rounder and as the awareness for this increased, four other states followed in the steps of California and legalized medical marijuana. These states include; Maine, Alaska, Oregon, and Washington.

As we moved into the year 2000, more and more people began to realize and become aware of the benefits of Cannabis. This was still not done on a large scale which explains why Marijuana is still placed on Schedule one along with LSD and ecstasy. However, it got the message across to most states and they joined the other states in making marijuana legal for medical purposes.

While Hawaii became the first state to legalize medical cannabis through the state legislature, Nevada and Colorado legalized medical cannabis through a ballot measure. Nevada decriminalized Cannabis through the state legislature. With all these states decriminalizing marijuana and understanding its uses, Maryland followed suit. In 2003, as a result of all the research work, Maryland reduced the penalties of those using marijuana for medical purposes. In 2011, Connecticut decriminalized marijuana before finally making it legal for medical usage in the next year. Rhode Island also decriminalized cannabis through the state legislature in the same year.

As marijuana began to be consumed medically, people realized that there was no harm in using it for recreational purposes. As more and more people become aware of its benefits and began to use it, an increased number of people began to favor the recreational use of marijuana. Due to research, education, and realization, new laws on marijuana usage, other states’ influence, and people’s own choice, the recreational use of cannabis made its eventual comeback in America 2012.

The next year, in 2013, the state of Vermont decriminalized cannabis for recreational purposes. This was done following Colorado and Washington legalizing recreational cannabis in the previous year, 2012. This led to other states following behind the two states.

2014 was an eventful year in the history of marijuana. Utah became the first state to pass a low THC content and high CBD content medical cannabis law. This allowed for lower levels of THC and higher levels of CBD in cannabis being used as treatment. This was only allowed on a doctor’s recommendation or prescription which lead to medical dispensaries popping up and opening all around the state.

Maryland and Missouri decriminalized cannabis through state legislatures. Furthermore, Maryland legislators approved an inclusive and detailed medical cannabis rule. The first one was passed in 2003, which was comparatively very narrow and limited and so this was a great change.

Minnesota and New York legalized medical cannabis through the state legislature. Alaska and Oregon approved of recreational cannabis through a ballot measure. By the end of 2014, ten states including Kentucky, Mississippi, Florida, and Iowa had passed low THC and high CBD medical laws.

Soon enough, it became a common thing for states to decriminalize marijuana. Delaware and Louisiana legislators decriminalized the usage of cannabis and passed a limited medical cannabis law. Another trend that became famous amongst the states in the Marijuana world was passing a low THC and a high CBD content for medical cannabis laws. Five states passed such a law during 2015 including; Virginia, Texas, Oklahoma, Georgia, and Wyoming.

From the 2000’s more and more states have been jumping on the bandwagon of legalizing marijuana. It is evident that slowly, with time, people, state, and legislators have become more accepting of Marijuana, whether medical or recreational. In 2016, Pennsylvania and Ohio legalized medical cannabis through the state legislature. In the same year, Illinois decriminalized cannabis through the same methods. While states including California and Maine approved ballot measures and legalized recreational cannabis Arkansas, Florida, and North Dakota legalized medical cannabis through ballot measures.

The next year, West Virginia’s legislatures legalized medical cannabis. Following this, New Hampshire decriminalized cannabis through the state legislature. Vermont became the first state to legalize recreational cannabis in the 2018 state legislature. While other states legalized recreational cannabis, however, they didn’t make any provision for commercial sale. This was first initiated by the state of Vermont and others followed suit. Following this, Indiana and Kansas also legalized the use of CBD for all purposes – medical and recreational both. Michigan approved a ballot measure to legalize recreational use of cannabis as well in the same year and Utah and Oklahoma legalized medical cannabis. In 2019, New Mexico and North Dakota decriminalized cannabis through state legislatures. Illinois also legalized cannabis through the state legislature.

As you can see, with the passage of time and increasing awareness cannabis and CBD became more and more acceptable for people all around America. In fact, the knowledge of its usefulness is so widespread that 46 out of the 50 states have accepted the use of cannabis in one form or the other. Now that we have discussed all the 46 states where marijuana-derived CBD is legal in different forms and regulations, it is time for us to move on to the states where it remains illegal. There are only four states where CBD is still completely illegal. These states are:

· Idaho

· Kansas

· Nebraska

· South Dakota

Despite this illegality, there are two things I would like to highlight. Most of these states were on the brink of legalizing marijuana. Most states recognize that there are medical uses of cannabis. Idaho is the only state amongst these 4 states that does not believe in that and remains firm in its ban even though a greater percentage of its population has voted for the legalization of Cannabis.[12] Due to the COVID-19 pandemic, ballot votes on this matter have been suspended until further notice.

Even though CBD is completely illegal in these 4 states, the laws over there are vague and unclear. There have been talks of medical marijuana being on the table which highlights the fact that it is still being considered. Furthermore, despite the ban, businesses are selling CBD products, and people are buying and using them without consequences. If you are one of those, please be very careful while using any CBD product in these states.

As the CBD movement continues to grow, we are really optimistic that both marijuana-derived and hemp-derived CBD will eventually become legal in all of the 50 states of the country soon enough. With so many advantages, ranging from medical to recreation, and little disadvantages, Marijuana, and CBD are a steal deal. Let’s hope the stance of politicians and people shifts soon enough because this isn’t an advantage to be missed out on. Play your part by educating and spreading awareness of Marijuana.