Imagine a blank map of the United States, with some states in green, others in blue, and the remainder in gray. This is, essentially, the legal patchwork of federal marijuana law that exists in America today. At best, it’s a confusing collection of differing statutes. At worst, a bureaucratic web of red tape so thick light itself cannot get through.
Unfortunately, what most people forget to consider are the overarching drug laws of the federal government that supersede their state-based counterparts. Unlike the patchwork mentioned before, federal laws on marijuana are strikingly clear: marijuana is a controlled substance that’s illegal to use, possess, manufacture, distribute, or sell.
The following will explore this in greater detail by explaining historical and current federal drug laws, the charges and punishments for violating those laws, and things to remember when discussing legal conflicts between states and the federal government.
Federal Marijuana Laws
The history of marijuana legislation in America spans most of the 20th century. However, the first federal regulation didn’t occur until the late 1930s. This is because, at the time, marijuana wasn’t classified as a “narcotic,” so it wasn’t affected by previous federal legislation, such as the Harrison Narcotics Tax Act of 1914.
Marijuana Tax Act of 1937
As its name implies, the goal of this act was to regulate the mainstream sale and use of cannabis by placing heavy taxes on it. To sell or transport cannabis legally, dealers and importers would have to register for a Marijuana Tax Act Stamp and pay the extremely expensive taxes that came with it. The goal wasn’t to outright ban the use or possession of marijuana but merely to regulate it so heavily that only specific industries or medical professions could comply. This was because marijuana’s medical applications were still being explored, and hemp was a profitable industry for American agriculture.
The law was ultimately repealed in 1969 after the U.S. Supreme Court’s decision in Leary vs. United States found it unconstitutional. Essentially, to obey the law by getting a Tax Act stamp, a person had to reveal if they already had any marijuana. But in disclosing this information, the person was also admitting they broke the law by previously obtaining marijuana without the stamp. In other words, to comply with the law, a person would risk incriminating themselves, which violates the Fifth Amendment.
Controlled Substances Act of 1970
Shortly after repealing the Marijuana Tax Act, Congress passed the broader Controlled Substances Act (CSA). Under the CSA, it’s illegal to manufacture, distribute and/or traffic, or possess a controlled substance. Trying to perform any of these acts, even if the attempt fails, is also illegal.
The act defines controlled substances by using a five-tiered system based on a substance’s legitimate medical use and potential for abuse. Substances with the fewest uses and highest abuse potential are classified as Schedule I, and those with the opposite characteristics are Schedule V.
| Classification | Description | Examples |
| Schedule I |
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| Schedule II |
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| Schedule III |
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| Schedule IV |
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| Schedule V |
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United States Code (USC)
The CSA was later codified into the USC across Title 21, though most of its requirements regarding drug abuse and control are in Chapter 13 (sections 801 – 971). Marijuana’s current legal status is most directly impacted by 21 USC §841, which states it is unlawful for anyone to knowingly or intentionally do either of the following:
- Manufacture, distribute, or dispense (or possess with intent to manufacture, distribute, or dispense) a controlled substance
- Create, distribute, or dispense (or possess with intent to distribute or dispense) a counterfeit substance
Other sections also apply to marijuana, including (but not limited to):
- 21 USC §842: Violations related to the registration, recordkeeping, and packaging of controlled substances
- 21 USC §843: Offenses for using communication facilities (e.g., telephones) and fraud to commit a felony involving controlled substances
- 21 USC §844: Penalties for simple possession of a controlled substance
- 21 USC §846: Penalties for illegally trying to obtain a controlled substance
- 21 USC §863: Offenses involving drug paraphernalia
Federal Marijuana Charges and Punishments
As mentioned above, 21 USC §841 makes it illegal to manufacture, distribute, dispense, or possess marijuana. The punishments for these charges vary based on the quantities involved, if the offender is an individual person or a larger group/organization, and if the marijuana use caused serious bodily injury or death.
| Amount | Fine | Prison Term |
| 1,000+ kilograms |
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| 100 – 1,000 kilograms |
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| 50 – 100 kilograms |
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| Less than 50 kilograms |
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One thing to note is that all the above penalties increase if the individual has a prior history of federal drug convictions. For example, a charge involving 1,000 or more kilograms of marijuana increases to a minimum of 15 years to life in prison, 10 years of supervised release thereafter, and a $20,000,000 fine if the person has a prior conviction under this same law.
Simple Possession of Marijuana
Unlike the other prohibited acts in 21 USC §841, possession is also covered by a second section: 21 USC §844. Simple possession charges are for individuals who have much smaller amounts of marijuana on them or who distribute small amounts for free. The punishment for a simple marijuana possession charge is up to 1 year in prison and/or a minimum $1,000 fine.
If the person has a prior drug conviction at either the federal or state level, they face 15 days to 2 years in prison and at least a $2,500 fine. Having two or more prior drug convictions further escalates the punishment to a prison sentence of 90 days to 3 years and a minimum $5,000 fine.
Conflicting Federal and State Marijuana Laws
In the last few years, marijuana legalization has gained substantial momentum in states across the country, both for medical and recreational uses. As you might expect, this can get confusing when trying to answer the question, “Is marijuana legalized?” Despite the growing wave of states legalizing marijuana, cannabis is still illegal at the federal level.
Unfortunately, this has created several tricky situations where the two sets of laws apply but disagree. Therefore, there are a few things to keep in mind when discussing the legality of cannabis and/or marijuana charges.
Legalization vs Decriminalization
Many people confuse the concepts of decriminalization with legalization, or at least use them interchangeably. In truth, the two are very different. Federal marijuana legalization would make it no longer a crime to possess, distribute, manufacture, or dispense marijuana.
Decriminalization, however, only reduces the potential punishments for a crime. For example, in 2023, the U.S. Department of Health and Human Services (DHHS) recommended that the U.S. Drug Enforcement Administration (DEA) decriminalize marijuana by lowering its status from a Schedule I controlled substance to a Schedule III controlled substance.
Under 21 USC §841, this would mean a first-time charge for possessing 50 – 100 kilograms of marijuana would instead face no more than 10 years in prison (15 if serious bodily injury or death occurred) and a maximum fine of $500,000 ($2,500,000 if the defendant is a group/organization).
Federal Law Supremacy
The Supremacy Clause extends the U.S. Constitution’s self-declared status as the supreme law of the land to any federal laws and policies made under the Constitution’s authority. Therefore, federal laws and policies that don’t violate the Constitution take precedence if they conflict with state-based laws or constitutions, including the legality of cannabis.
With regards to marijuana, this supremacy is further reinforced by the U.S. Supreme Court’s 2005 decision in Gonzalez v. Raich. In that case, the court held that (under the Constitution’s Commerce Clause) the federal government has the right to regulate or criminalize medical marijuana regardless of whether a state has legalized it.
Rohrabacher-Farr Amendment
As part of a 2014 omnibus spending bill, this amendment expressly forbids the Justice Department from using funds to interfere with a state’s implementation of medical marijuana laws. However, since the amendment doesn’t legalize the use of medical marijuana, it must be renewed annually.
Conclusion
Despite the increasing complexity of marijuana laws between different states, the federal government has yet to budge on cannabis legalization. Under the CSA, it’s still illegal to possess or use marijuana, even for medical purposes. However, there have been some efforts recently to at least decriminalize federal marijuana charges and reduce the chances of federal agencies interfering with state laws.
At the end of the day, if the federal government wishes to charge and prosecute someone for marijuana use, local and state laws (like Missouri’s) aren’t much of a defense. Now, it’s fairly unlikely a federal prosecutor will pursue charges against someone purchasing marijuana in a state where recreational use is legal. Still, there are a few reasons why one may choose to do so.
With that in mind, if you find yourself facing federal drug charges for marijuana use, it’s highly recommended that you reach out for legal assistance as soon as possible. An experienced drug attorney will have a much better chance at defending your rights and minimizing the fallout from your case than trying to do so on your own.
Frequently Asked Questions
Is marijuana federally legal?
No, both medical and recreational marijuana use remains illegal at the federal level under the Controlled Substances Act of 1970.
What is the federal sentence for marijuana?
Punishments for marijuana charges under the Controlled Substances Act vary based on the quantity involved, if the marijuana use caused serious bodily harm or death, and if the offender is an individual person or a larger group/organization. Sentences can range from a few years to life in prison and a few thousand to tens of millions of dollars in fines.
Where is marijuana legal?
Federally, marijuana is still illegal. At the state level, recreational marijuana is currently legal in 24 states, with another 14 states allowing only medical marijuana.