The use, sale and possession of cannabis (marijuana) in the United States is illegal under federal law. However, some states have created exemptions for medical cannabis use, as well as decriminalized non-medical cannabis use.
President Barack Obama and Attorney General Eric Holder have maintained that the current administration will not raid medical marijuana dispensaries that cooperate with state and local laws, although the President is not in favor of full legalization on a national level.[1][2] In July 2009, Gil Kerlikowske, Director of the Office of National Drug Control Policy, further clarified the federal government's position when he stated that "marijuana is dangerous and has no medicinal benefit" and that "legalization is not in the president's vocabulary, and it's not in mine."[3] However, a January 2010 settlement between the U.S. Drug Enforcement Agency and the Wo/Men's Alliance for Medical Marijuana (WAMM) provides an example confirming the administration policy as communicated by Attorney General Holder, as WAMM successfully reached an agreement to re-open after being shut down by the federal government in 2002.[4][5]
In October 2011, Gallup poll showed 50 percent support for legalizing marijuana and 46 percent said marijuana should remain illegal. The highest support for legalization came from liberals and adults under age 30, with more than 60 percent and the lowest support came from Americans over age 65 with 31 percent.[6]
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Under federal law, it is illegal to possess, use, buy, sell, or cultivate marijuana, since the Controlled Substances Act of 1970 classifies marijuana as a Schedule I drug, claiming it has a high potential for abuse and has no acceptable medical use.
Some states and local governments have established laws attempting to decriminalize cannabis, which has reduced the number of "simple possession" offenders sent to jail, since federal enforcement agents rarely target individuals directly for such relatively minor offenses. Other state and local governments ask law enforcement agencies to limit enforcement of drug laws with respect to cannabis, however under the Supremacy Clause of the United States Constitution, federal law preempts conflicting state and local laws. In most cases, the absence of a state law does not present a preemption conflict with a federal law.
In 2002, Nevada voters defeated a ballot question which would legalize up to 3 ounces (85 g) for adults 21 and older by 39% to 61%. In 2006, a similar Nevada ballot initiative, which would have legalized and regulated the cultivation, distribution, and possession of up to 1 ounce (28 g) of marijuana by adults 21 and older, was defeated by 44% to 56%.
In 2006, South Dakota voters defeated Measure 4, voting 48% for and 52% against. Measure 4 was to allow the use of medical marijuana by patients deemed by their physicians to benefit from its use, and was to be regulated by state-issued ID cards and protection of legitimate medical distributors.
The National Center for Natural Products Research in Oxford, Mississippi is the only facility in the United States that is federally licensed by the National Institute on Drug Abuse to cultivate cannabis for scientific research. The Center is part of the School of Pharmacy at the University of Mississippi.
Roger Roffman, a professor of social work at the University of Washington, asserted in July 2009 that "approximately 3.6 million Americans are daily or near daily users."[7] Peter Reuter, a professor at the School of Public Policy and the Department of Criminology at the University of Maryland, College Park, said that "experimenting with marijuana has long been a normal part of growing up in the U.S.; about half of the population born since 1960 has tried the drug by age 21."[7] A World Health Organization survey found that the United States is the world’s leading per capita marijuana consumer.[8] The 2007 National Survey on Drug Use & Health prepared by the U.S. Department of Human Health and Services indicates that over 100 million U.S. citizens over the age of 12 have used marijuana.[9] The 2008 survey found that 35 million Americans[10] were willing to tell government representatives[11] that they had used marijuana in the past year.[10]
In 2009, according to a Zogby poll and an ABC News/Washington Post poll, between 46% and 56% of US voters would support legalization[12]
Under federal law, it is illegal to possess, use, buy, sell, or cultivate marijuana, since the Controlled Substances Act of 1970 classifies marijuana as a Schedule I drug, claiming it has a high potential for abuse and has no acceptable medical use.
The Federal government has criminalized marijuana under the Interstate Commerce Clause, which gives the Federal Government the power to regulate the channels of commerce, the instrumentalities of commerce, and actions that substantially affect interstate commerce. Additionally, under the Supremacy Clause, any state law in conflict with federal law is not valid. These issues were addressed squarely by the United States Supreme Court in Gonzales v. Raich, 352 F. 3d 1222 in 2005.
In January 2009, President Barack Obama's transition team organized a poll to clarify some of the top issues the American public want to have his administration look into, and 2 of the top ten ideas were to legalize the use of cannabis.[13]
President Barack Obama and Attorney General Eric Holder have maintained that the current administration will not raid medical marijuana dispensaries that cooperate with state and local laws, although the President is not in favor of full legalization on a national level.[14][15] In July 2009, Gil Kerlikowske, Director of the Office of National Drug Control Policy, further clarified the federal government's position when he stated that "marijuana is dangerous and has no medicinal benefit" and that "legalization is not in the president's vocabulary, and it's not in mine."[16] However, a January 2010 settlement between the U.S. Drug Enforcement Agency and the Wo/Men's Alliance for Medical Marijuana (WAMM) provides an example confirming the administration policy as communicated by Attorney General Holder, as WAMM successfully reached an agreement to re-open after being shut down by the federal government in 2002.[17][18]
16 US states including District of Columbia have so far passed laws allowing some degree of medical use of marijuana(10 of the 16 by majority vote of the citizens)[19] and 13 of these states have taken steps to decriminalize it to some degree.[20] This movement sought to make simple possession of cannabis punishable by only confiscation or a fine, rather than prison.[21] In the past several years, the movement had started to have some successes.[22]
Some states and local governments have established laws attempting to decriminalize cannabis, which has reduced the number of "simple possession" offenders sent to jail, since federal enforcement agents rarely target individuals directly for such relatively minor offenses. Other state and local governments ask law enforcement agencies to limit enforcement of drug laws with respect to cannabis, however under the Supremacy Clause of the United States Constitution, federal law preempts conflicting state and local laws. In most cases, the absence of a state law does not present a preemption conflict with a federal law.
In Alaska, cannabis was decidedly legal (under state, but not federal, law) for in-home, personal use under the Ravin v. State ruling of 1975. This ruling allowed up to two ounces (57 g) of cannabis and cultivation of fewer than 25 plants for these purposes. A 1991 voter ballot initiative recriminalized marijuana possession, but when that law was eventually challenged in 2004, the Alaska courts upheld the Ravin ruling, saying the popular vote could not trump the state constitution. In response to former Governor Frank Murkowski's successive attempt to re-criminalize cannabis, the American Civil Liberties Union (ACLU) filed a lawsuit against the state. On July 17, 2006, Superior Court Judge Patricia Collins awarded the Case Summary judgment to the ACLU. In her ruling, she said "No specific argument has been advanced in this case that possession of more than 1 ounce (28 g) of cannabis, even within the privacy of the home, is constitutionally protected conduct under Ravin or that any plaintiff or ACLU of Alaska member actually possesses more than 1 ounce (28 g) of cannabis in their homes." This does not mean that the legal possession threshold has been reduced to one ounce, as this was a mere case summary review filed by the ACLU, not a full case. Reinforcing Ravin, Collins wrote "A lower court cannot reverse the State Supreme Court's 1975 decision in Ravin v. State" and "Unless and until the Supreme Court directs otherwise, Ravin is the law in this state and this court is duty bound to follow that law". The law regarding possession of cannabis has not changed in Alaska, and the Supreme Court has declined to review the case, therefore the law still stands at 4 ounces (113 g).[23] However, federal prosecutions under the CSA can be brought in Federal Court, and federal courts applying federal law are not bound by state court precedent. As such, federal courts in Alaska will recognize that possession of any quantity of marijuana remains illegal in Alaska under federal law.
It should be emphasized that legal possession of cannabis is strictly noncommercial. The maximum legal limit is up to four ounces or 25 plants owned for personal use by adults in the privacy of their homes.[24] Possessing more than 4oz or more than 25 or cannabis plants is a felony punishable by up to 5 years in jail and a fine of up to $ 50,000.[25] Possession of any amount cannabis within 500 feet of a school or a recreation center is also a felony punishable by 5 years jail time and a fine of up to $50,000; but if possession is noncommercial and the offender is in their a private residence, an affirmative defense may be raised in court.[26]
Possession of marijuana for Commercial reasons regardless of the amount is prohibited by law.[27]Sale of less than 1oz is considered a misdemeanor punishable by one year jail time and a fine of up to $5000.[28] Sale of more than one ounce of cannabis is a felony punishable by 5 years in prison and $ 50,000 fine.[29] Furthermore, Alaskans cannot maintain any buildings or structures whose sole purpose is to house and or distribute marijuana plant. [30]
These included Denver, Colorado legalizing possession of up to an ounce of cannabis for adults aged 21 and older.[31]
In 1975, Colorado passed a law which made possession of one ounce or less of the cannabis plant a second degree petty offense only punishable by a fine of 100 dollars.[32] Thirty years later, in 2005, the city of Denver passed another law which allowed adults over 21 years to possess up to one ounce of marijuana without penalty in the city. [33]
But the state still imposes the following penalties for use and possession of marijuana: Possession of more than 2 ounces of marijuana, is considered a petty offense but the person is required by law to appear in court and if convicted, he or she is fined not more than 100 dollars. [34] Failure to appear in court elevates the offense to a misdemeanor worth 6 months jail time and a fine of $500.[35]Displaying or using marijuana in public is a misdemeanor punishable by 15 days in jail but no monetary fine.[36] Possession of 2-8 ounces of the cannabis plant is a misdemeanor punishable by up to 18 months in jail and a fine of $500-$5000 plus a surcharge of $600.[37] Possession of more than 8 ounces of marijuana is a felony that results in 1-3 years in jail and a fine of up to 100,000 dollars.[38]
Selling and buying of any amount of marijuana is a felony punishable by two to six years in jail and a fine of $2,000-$500,000 plus a surcharge of $1,500.[39] Sale within 1000 feet of a school or public housing is a felony also punishable by 8-24 years in jail and up to $1,000,000 in fine without regard of how much pot is sold. [40] Transportation of more than 100 pounds of marijuana is a felony punishable by 8-24 years in jail and a fine of up to $1,000,000.[41] Providing marijuana to a minor is a felony which is punishable by 2-6 years in prison and a fine of $2,000-$500,000. [42]
Subsequent convictions of possession of more than 2 ounces of marijuana generally lead to doubling of fines.[43]
On June 30, 2011, Gov. Dan Malloy of Connecticut signed legislation into law decriminalizing the possession of small, personal use amounts of marijuana by adults. The new law, Senate Bill 1014, took effect on July 1.[44]
Senate Bill 1014 reduces the penalties for the adult possession of up to one-half ounce of marijuana from a criminal misdemeanor (formerly punishable by one year in jail and a $1,000 fine) to a non-criminal infraction, punishable by a $150 fine, no arrest or jail time, and no criminal record. The new law similarly reduces penalties for the possession of marijuana paraphernalia.
Possession of larger amounts of marijuana is still illegal and punishable by imprisonment and monetary fines. A subsequent offense of possession of one-half ounce of marijuana is still a non- criminal infraction but the fine rises to $200-$500.[45] First offense of possessing one-half to four ounces is a misdemeanor punishable by up to one year in prison and $1,000 in fine.[46] A subsequent offense becomes a felony punishable by up to 5 years incarceration and $3,000 fine.[47]
First offense of possession of 4 ounces or more is a felony punishable by 5 years imprisonment and $ 2,000 fine.[48] Subsequent offenses are punishable by 10 years in jail and a fine of $5,000.[49] The minimum mandatory sentence for possession of marijuana within 1,500 feet of a school is 2 years’ incarceration (without monetary fine) that runs consecutively with any other sentence.[50]
Selling any amount of marijuana is completely illegal and a felony punishable by no less than 7 years in jail and $25,000 in fine.[51] Selling to minors and possessing within 1,500 feet of a school or day care are both felonies which adds 3 years imprisonment to any other sentence imposed.[52] There’s no monetary fine imposed. [53]
In 2008, Massachusetts voters approved a ballot initiative to decriminalize a possession of up to an ounce of marijuana.[54] and in 2009, ALM GL ch. 94C, § 32L was enacted into law making possession of up to one ounce of marijuana a civil offense punishable by a penalty of $ 100 and forfeiting the drug.[55] There are no other forms of civil or criminal punishments for offenders who are over 18 years of age.[56] Minors are subjected to the same civil penalties as long as they complete the required drug awareness program and community service in accordance with section 32M of the same law.[57] The civil punishment is increased to up to $1,000 if the offender fails to complete the drug awareness program and community service within one year of offense at which point both the offender and parents are "severally" liable to pay the fine.[58]
Possession of more than one ounce of marijuana is a misdemeanor resulting into a $500 fine and up to 6 months imprisonment with probation after which records are sealed.[59] Subsquent offenses are subjected to the same punishments but records are not sealed after probatiion.[60]
The sale of less than 50 pounds of marijuana is a misdemeanor punishable by 2 years in prison with probation and a $5,000 fine.[61] Subsequent offenders are subjected to up to 2.5 years in prison with out probation and a fine of $1,000-$10,000.[62] Selling of more than 50 pounds is a felony punishable by 2.5-15 years incarceration atop the minimum mandatory sentence(MMS).[63] The MMS for selling up to 100 lbs is one year incarceration plus a fine of $500-$10,000.[64] The MMS for selling 100-2000 lbs of marijuana is 3-15 years in prison and a fine of $2,500-$25,000.[65] The MMS for selling 2000-10,000 lbs of marijuana is 5-15 years plus a fine of $5,000-$50,000 and that of selling more than 10,000 lbs of marijuana is 10-15 years incarceration plus up to $200,000 in fine.[66] Selling marijuana within 1,000 feet of a school or 100 feet of a park is also a felony punishable by 2 years imprisonment in addition to the MMS and a fine of $1,000-$1,000.[67]
In the November election of 2008, Michigan became the thirteenth state to legalize the physician supervised possession and use of cannabis. More than 60 percent of Michigan voters decided in favor of Proposal 1, which established a state-regulated system regarding the use and cultivation of medical marijuana by qualified patients.[68] On Dec.4, 2008, the Michigan Medical Marihuana Act was enacted into law allowing patients with debilitating medical conditions such as HIV,cancer, and Hepatitis C to legally possess and use marijuana.[69]The patient can have up to two and a half ounces of usable marijuana and twelve plants that are kept in an enclosed and locked facility.[70]
Recreational use of marijuana has not been decriminalized in the state of Michigan. Possession of any amounts of the plant is a misdemeanor punishable by one year incarceration plus a fine of $2,000 while actual using is punishable by 90 days in jail and a fine of $100.[71] If possession is in a public park, then the incarceration is for 2 years and a fine of $2,000.[72] Distributing marijuana without renumeration is a misdemeanor punishable by one year in jail and a fine of $1,000.[73]
The sale and cultivation of cannabis is a felony punishable by 4-15 years imprisonment and $20,000-$10,000,000 in fines depending on the number of plants grown and the amount (in Kg) of usable marijuana sold.[74]
In 1977, the state of New York also passed a law which decriminalized marijuana to a large extent.[75] Possession of 25g or less of marijuana, first offense, is a civil citation with a fine of $100 and the fine is increased to $200 for second offense.[76] A third offense is a misdemeanor and the offender may get 5 days in jail and or pay $ 250 in fine.[77] Possession of up to 2 ounces of marijuana is also a misdemeanor punishable by 3 months in jail and $500 in fines.[78] Possession of 2-8 ounces of marijuana is a class A misdemeanor that may be punishable by 1 year in jail or a $1000 fine or both.[79] Possession of up to 16 oz of marijuana is a class E felony punishable by 1-4 years in jail and a fine of $5000.[80] Repeat offenders are mandated 6 months in jail plus a $5000 fine and/or an additional 3-4 years in jail.[81] Possession of up to 10 lbs of marijuana is a class D felony which is punishable by up to 15 years in jail and/or a fine of $ 5000 and second offenders must be incarcerated for at least 6 months.[82] Possession of more than 10 pounds is a class A felony also punishable by up to 15 years in jail and/or $ 5000 fine.[83]
Selling or cultivation The selling of marijuana or cultivation of cannabis can be punished by prison sentences and fines which can vary with nature of the offence.[84]
In the United States, it is important to differentiate between medical cannabis at the federal and at the state level. At the federal level, cannabis per se has been made criminal by implementation of the Controlled Substances Act. At a state level the control of medical cannabis varies.
There have been over eight million cannabis arrests in the United States since 1993, including 786,545 arrests in 2005. Cannabis users have been arrested at the rate of 1 every 40 seconds. About 88% of all marijuana arrests are for possession - not manufacture or distribution.[86]
Although large-scale marijuana growing operations are frequently targeted by police in raids to attack the supply side and discourage the spread and marketing of the plant, the great majority of those arrested for cannabis are there for possession alone.[87] However, in 1997, the vast majority of inmates in state prisons for marijuana related convictions were convicted of offenses other than simple possession.[88]
According to the most recent Federal Bureau of Investigation's annual Uniform Crime Report, police arrested 847,864 persons for marijuana violations in 2008. Of those charged with marijuana violations, 754,224 were charged with possession only. The remaining 93,640 individuals were charged with "sale/manufacture," a category that does not differentiate for cultivation offenses, even those where the marijuana was being grown for personal or medical use. Marijuana arrests now comprise about one-half (49.8 percent) of all drug arrests reported in the United States.[89]
The United States Marijuana Party has local chapters in 29 states but there are many state-level parties as well. Members associated with the US Marijuana Party have run for office, including Edward Forchion (for multiple offices) and candidates from the Marijuana Reform Party (for governor).
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