Federal Cannabis Status
Understanding cannabis laws at the federal level in the United States
Schedule I Controlled Substance
Cannabis is currently classified as a Schedule I controlled substance under the Controlled Substances Act (CSA), making it illegal at the federal level.
What does Schedule I mean?
- • High potential for abuse
- • No currently accepted medical use in treatment in the United States
- • Lack of accepted safety for use under medical supervision
- • Federal criminal penalties for possession, distribution, and cultivation
State vs. Federal Law Conflict
While cannabis is illegal federally, many states have legalized it for medical and/or recreational use. This creates a complex legal situation:
State-Legal States
- • Can possess and use within state limits
- • State-licensed businesses can operate
- • State law enforcement won't prosecute
Federal Enforcement
- • Still technically illegal everywhere
- • Federal agents can arrest in legal states
- • Banks often refuse cannabis businesses
- • Cannot cross state lines with cannabis
Active Federal Legislation
SAFER Banking Act
Would allow banks to provide services to state-legal cannabis businesses without federal penalty.
Passed House, pending SenateCannabis Administration and Opportunity Act (CAOA)
Would deschedule cannabis at the federal level and expunge federal cannabis convictions.
Discussion draft, not yet introducedDEA Rescheduling Review (2024)
The DEA is reviewing a recommendation to move cannabis from Schedule I to Schedule III, which would recognize medical use but keep it federally controlled.
Under reviewKey Federal Timeline
Controlled Substances Act
Cannabis classified as Schedule I
Cole Memo
DOJ deprioritizes federal cannabis enforcement in legal states
Farm Bill
Legalized hemp (cannabis with <0.3% THC)
Rescheduling Review
DEA reviewing move to Schedule III