Legalization of non-medical cannabis in the United States
, the non-medical use of cannabis is legalized in 24 states and decriminalized in 7 states, as of November 2023. Decriminalization refers to a policy of reduced penalties for cannabis offenses, typically involving a civil penalty for possessing small amounts, instead of criminal prosecution or the threat of arrest. In jurisdictions without penalty the policy is referred to as legalization, although the term decriminalization is sometimes used for this purpose as well.
During a wave of decriminalization in the 1970s, Oregon became the first state to decriminalize cannabis in 1973. Ten more states followed by the end of 1978, influenced by the Shafer Commission's endorsement of decriminalization in 1972. By the end of the decade the tide had turned in the other direction, however, and no state would decriminalize again until 2001.
Efforts to legalize cannabis included a number of ballot initiatives leading up to 2012, but none succeeded. In 2012, success was finally achieved when Washington and Colorado became the first two states to legalize. In 2014 and 2016 several more states followed, and in 2018 Vermont became the first to legalize through an act of state legislature. All jurisdictions that have legalized cannabis permit its commercial sale, with the exception of Virginia and the District of Columbia. Personal cultivation is allowed in all such jurisdictions except Delaware, Illinois, New Jersey, and Washington State.
At the federal level, cannabis remained prohibited for any use under the Controlled Substances Act of 1970. The Justice Department has generally not enforced federal law in states that have legalized recreational cannabis, however. In December 2020, a bill to remove cannabis from the Controlled Substances Act was passed by the U.S. House but was not voted on by the Senate.
Early use and criminalization
Cannabis was popularized in the U.S. around the mid-19th century, used mostly for its therapeutic benefits in the treatment of a wide range of medical conditions. Its use as medicine continued into the 20th century, but declined somewhat due to a number of different factors. The recreational use of cannabis began to emerge in the early 20th century, introduced to the U.S. by Mexicans fleeing the dictatorship of President Porfirio Díaz. As its use spread north of the border, cannabis became stigmatized due to strong anti-Mexican sentiments that had taken hold.By 1936, the non-medical use of cannabis had been banned in every state. Cannabis was then effectively outlawed at the federal level, following the passage of the Marihuana Tax Act of 1937. Cannabis remained mostly an underground drug until the 1960s, when it found widespread popularity among large numbers of young people and hippies, and was used commonly at protests against the Vietnam War. Cannabis was officially banned for any use with the passage of the 1970 Controlled Substances Act, subsequent to the Supreme Court's overturning of the Marihuana Tax Act in 1969.
History of reform
Supporters of reform begin to organize (1964)
The movement to legalize cannabis in the U.S. was sparked by the 1964 arrest of, a San Francisco man who walked into the city's Hall of Justice and lit up a joint, requesting to be arrested. As it was a felony to use cannabis in California, Eggemeier was sent to prison where he was held for close to a year. Eggemeier was defended by James R. White, an attorney who had not taken a drug case before nor was he much familiar with cannabis, but took interest in the matter as a devoted civil libertarian. While researching the case, White became a strong proponent for the legalization of cannabis, and went on to found LEMAR in December 1964. LEMAR was the first organization in the U.S. dedicated to ending cannabis prohibition.Among those in attendance at the first LEMAR rally was poet Allen Ginsberg, who was staying in Berkeley at the time. Upon returning home to New York City he founded the first East Coast chapter of LEMAR. Ginsberg's activism and writings helped inspire the founding of other LEMAR chapters, including a Detroit chapter by fellow poet John Sinclair. Similar groups advocating for legalization formed across the country in the ensuing years.
By 1971, two main groups supporting cannabis reform had emerged – Amorphia based in San Francisco and the National Organization for the Reform of Marijuana Laws based in Washington, D.C. NORML was founded by Keith Stroup, an attorney who was introduced to Ralph Nader while working for the National Commission on Product Safety. Drawing upon his experience working with the consumer advocate Nader, Stroup sought to create an advocacy group dedicated to protecting cannabis consumers. He founded NORML in 1970, with the aim of adopting a more professionalized manner of advocacy than other cannabis reform groups more closely associated with the counterculture. Eventually Amorphia was merged into NORML as it ran into financial difficulties, becoming the California chapter of NORML in 1974.
Comprehensive Drug Abuse Prevention and Control Act (1970)
On October 27, 1970, the Comprehensive Drug Abuse Prevention and Control Act was signed into law by President Richard Nixon. Known mainly for its drug scheduling provision, the act also included a number of reforms that significantly reduced penalties for certain drug offenses. In particular, it eliminated mandatory minimum drug sentences, made simple possession of all drugs a misdemeanor, and allowed probation and expungement for first-time offenders. Though the act still imposed significant penalties for cannabis, the change from a felony offense marked a notable liberalization in federal policy. The act also provided a model for state governments to follow, and by 1973 only two states still classified simple possession of cannabis as a felony.Shafer Commission (1972)
An additional requirement of the Controlled Substances Act was the establishment of a federal commission to study the effects of cannabis use. President Nixon appointed nine of the commission's 13 members, including former Pennsylvania governor Raymond P. Shafer who was designated to serve as chairman. Nixon conveyed to Shafer his strong opposition to the legalization of cannabis, and he advised Shafer to "keep your commission in line" months before the first of two final reports was issued. The release of the 1184-page report would not be to Nixon's liking, however, as the Shafer Commission concluded in March 1972 that cannabis was a relatively benign drug whose dangers had been exaggerated. The report also advised that harsh laws against cannabis did more harm than good, and recommended the removal of criminal penalties for possession and distribution of small amounts of the drug. These findings were influential in persuading 11 states to decriminalize during the 1970s; however, at the federal level no such policy reforms were enacted.Decriminalization efforts materialize (1970s)
During the early 1970s legislative efforts to reform cannabis laws began to materialize. Among these was a 1972 ballot measure seeking to legalize cannabis in California, spearheaded by the group Amorphia. Proposition 19 – the California Marijuana Initiative – ultimately failed with 33% of the vote. Although it was defeated by a wide margin, supporters of the initiative were encouraged by the results, which provided momentum to other reform efforts in California throughout the decade.In 1973 Oregon became the first state to decriminalize cannabis, reducing the penalty for up to one ounce to a $100 fine. Other states were reluctant to follow, however, in part due to influence from the Nixon administration which staunchly opposed such reforms. Decriminalization efforts were bolstered by Nixon's resignation in August 1974, however, ushering in the Ford administration and a more tolerant view toward cannabis from the White House. The November 1974 election also brought a wave of new Democrats to state legislatures across the country.
In 1975 a federal committee examined the use of cannabis and other drugs in America, building upon the findings of the Shafer Commission three years earlier. Although the committee – the Domestic Council Drug Abuse Task Force – did not advocate decriminalization outright, it did recommend attention be shifted to more harmful drugs, and concluded that cannabis was the "least serious" drug problem facing the nation. Also in 1975, congressional hearings were held on decriminalizing cannabis for the first time. As these developments provided momentum to reform efforts, a total of five more states decriminalized in 1975.
Shortly after Alaska decriminalized in 1975, a ruling by the Supreme Court of Alaska in the case Ravin v. State effectively legalized cannabis in the state. The ruling stemmed from the 1972 arrest of Irwin Ravin, an Alaska resident who allowed himself to be caught possessing cannabis in order to challenge state law. At trial, Ravin's defense argued that the state constitution guaranteed a right to privacy, which extended to the use of cannabis in one's home. In May 1975 the state Supreme Court agreed, legalizing the use, possession, and cultivation of cannabis in amounts for personal use.
In the following years, decriminalization laws passed in Minnesota, Mississippi, New York, North Carolina, and Nebraska. NORML was actively involved in these efforts, lobbying in support of legislation and paying for proponents of decriminalization to travel to various states to testify.
During the 1970s various cities also decriminalized cannabis, such as Ann Arbor, Michigan in 1972 and Madison, Wisconsin in 1977. Additionally, San Francisco residents approved Proposition W in 1978, a non-binding measure directing city law enforcement to "cease the arrest and prosecution of individuals involved in the cultivation, transfer, or possession of marijuana". Mayor George Moscone was assassinated a few weeks later, however, and the initiative was subsequently disregarded.