Criminal Law

Is Medical Marijuana Legal Under Federal Law?

Key Takeaways:

  • Most states have medical marijuana programs, but it is still illegal under federal law.
  • Lawmakers have introduced federal laws to change the treatment of marijuana, but they have not been passed.
  • Even if you are a medical marijuana patient in one state, it can still be illegal in another state.

The simple answer is no. Marijuana remains illegal to possess, cultivate, or traffic under federal law. However, there have been inconsistencies in the federal enforcement of medical marijuana. Many medical marijuana patients, dispensaries, and providers are still unclear.

This is an evolving area of the law that changes quickly. Consult with a local medical cannabis lawyer for the most up-to-the-minute status of the law in your jurisdiction.

Controlled Substances Act and Medical Marijuana

The Controlled Substances Act of 1970 (CSA) regulates the manufacture, cultivation, possession, use, and distribution of certain drugs, including marijuana (marihuana). According to federal law, marijuana is a Schedule I drug. This means it is a drug with little to no accepted medical use and has a high potential for addiction and abuse. This is the same drug category as LSD and heroin.

Also, under federal law, doctors may not prescribe marijuana for medicinal use. Some people were arrested and prosecuted under federal law for possessing, using, or distributing medical cannabis. However, in 2009, President Barack Obama announced that his administration would not arrest or prosecute medical marijuana users and suppliers.

Several state governments have legalized both recreational and medical marijuana. However, cannabis remains illegal from the federal government’s point of view.

Can You Be Arrested for Use or Possession of Medical Marijuana?

Yes, you can face criminal charges for possession of marijuana. Marijuana is classified as an illegal Schedule I drug by the CSA. Marijuana possession, cultivation, distribution, and use are illegal according to federal law. The law does not recognize the medical use of marijuana or distinguish it from recreational use.

Even in states that allow medical marijuana, you may still be arrested, charged, prosecuted, and sent to federal prison on drug-related charges. If you possess or cultivate more marijuana than your state allows, you can be charged.

What Is the Penalty for Marijuana Possession?

Some law enforcement officers may consider personal possession of marijuana a low priority. Other states may take the matter much more seriously. A first offense for simple possession can be an infraction or misdemeanor, depending on the state law. Misdemeanor charges have a potential punishment of up to one year in prison and fines. A second offense may have more severe penalties.

Can You Go To Prison if Caught Selling Marijuana?

The cultivation and trafficking of marijuana are more serious crimes than simple possession.

Selling less than 50 kilograms of marijuana is a felony. Penalties include up to five years imprisonment and a potential fine of $250,000. Drug trafficking of between 50 and 100 kilograms, could include 20 years in prison and a fine of up to $1 million.

Under federal law, the penalties for cultivating marijuana are like trafficking. The penalties for growers can depend on the amount of marijuana involved.

Will Marijuana Be Decriminalized at the Federal Level?

Marijuana remains illegal at the federal level. However, there have been shifts in American public opinion about the medical use of cannabis. Congress and lawmakers have considered legalization.

In 2022, the House of Representatives passed the Marijuana Opportunity Reinvestment and Expungement Act (the MORE Act). This would take cannabis off Schedule I drug status. The MORE Act also retroactively removes charges and convictions involving marijuana. However, there is no timeline for the Senate to approve these changes to medical marijuana laws.

In 2023, the U.S. Attorney General indicated that the Department of Justice is still reviewing a new cannabis policy for the federal government.

Possible Defenses for Medical Marijuana Patients Charged With Illegal Possession

If you are a medical marijuana patient, you should not face charges for possession if you meet your state’s medical cannabis program rules. It’s usually as simple as showing the arresting officer a valid medical marijuana ID card or doctor’s note.

If you possess or cultivate more marijuana than allowed, you may be able to show that your individual medical needs require more than the limit.

Defenses According To State

Recreational marijuana is now legal in many states. This includes California, Colorado, New York, Oregon, Washington, and the District of Columbia. However, protections for the adult use of cannabis products do not extend past state lines. You can still be charged for drug possession in a state that does not have legal marijuana.

You have the right to a legal defense if you face criminal charges. This includes medical or recreational marijuana. If you were arrested on drug charges, speak to an experienced medical marijuana defense lawyer.

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