States are allowed to set their own laws regarding marijuana use, and there has been a large shift in recent years where more and more states have decided to permit recreational use. Before that, there was a movement where states began allowing medical use. There are still a few states that ban marijuana outright, but most of them allow marijuana in one form or the other.
Throughout all of these changes, though, the federal government has maintained that marijuana is a Schedule I drug, just like LSD or heroin. This has made things very complicated, especially when people cross state lines, which can make marijuana possession a federal crime.
However, the Biden administration recently announced that they are going to work on reclassifying or rescheduling marijuana. This would make it a “less dangerous drug” or a Schedule II drug.
Will recreational use be federally legal?
No, the rescheduling of marijuana does not mean that the federal government is going to copy states like Michigan and Colorado in allowing recreational use. States can still make those decisions on their own, but the federal government isn’t taking it that far.
However, the government is recognizing the legitimate medical use of marijuana products. Rescheduling, in this sense, could make it easier for patients to get the drugs that they need. It could also make it easier for medical researchers to use marijuana when developing new medications, when they may have previously been prevented from doing so by the federal government’s classification.
Marijuana laws are very complex and always changing. Those who are facing criminal charges must be aware of their legal options.