How is THC Legal in the United States?
By Christine Bryant Darling, marketing and creative director
Photo by Joey Csunyo.
Have you ever wondered how it’s legal for us to buy and use THC in the United States? Read on for all the details about federal laws concerning cannabis sales!
Federal laws about cannabis
Cannabis, commonly known as marijuana or hemp, is a genus of flowering plants that belongs to the family Cannabaceae which includes at least three species, Cannabis sativa L., Cannabis indica, and Cannabis ruderalis.
Photo by Matteo Paganelli.
Under the Controlled Substances Act of 1972, pharmaceutical drugs, substances, and certain chemicals used to make these drugs are classified into five distinct categories or “schedules” depending upon the drug’s acceptable medical use and the drug’s abuse or potential for dependence.
For example, Schedule I drugs have a high potential for abuse and the potential to create severe psychological and/or physical dependence. As the drug schedule changes-- Schedule II, Schedule III, etc., so does the abuse potential-- Schedule V drugs represent the least potential for abuse.
Since 1972, cannabis has been classified as a Schedule I drug. This is because the U.S. Drug Enforcement Agency officially considers cannabis to have "no accepted medical use."
In stark contrast to this position, many states have recognized that cannabis provides substantial benefits for medical and recreational uses.
Cannabis is regularly used by a wide cross-section of society to treat a variety of maladies, conditions, and symptoms including, but not limited to, the following: nausea, glaucoma, lack of appetite, Crohn’s disease, epilepsy, post-traumatic stress disorder, intractable pain, fever, obesity, asthma, urinary tract infections, coughing, anorexia associated with weight loss in AIDS patients, pain, and multiple sclerosis.
Photo by Towfiqu barbhuiya.
Currently, 38 of the 50 U.S. states and the District of Columbia have recognized the potential benefits of cannabis and have decriminalized its medical use. 20 of those states (including the District of Columbia) have legalized cannabis for recreational use for adults 21 years and over.
The Cole Memo of 2013
In August 2013, then-Attorney General James M. Cole issued a memorandum to all U.S. Attorneys, which was published by the Department of Justice, setting expectations for the federal government, state governments, and law enforcement, on how to address states that had voted for, and implemented, legal adult-use cannabis programs.
In summary, the Cole Memo stated: if you implement a strict regulatory framework and employ a seed-to-sale tracking system to monitor the growth, distribution, and sale of regulated cannabis to prevent diversion and create a transparent, accountable market, the federal government will leave it alone.
Furthermore, the Cole Memo specified the areas which state prosecutors and law enforcement should prioritize to avoid intervention from the Federal Government. These priorities included:
Prevent distribution of cannabis to minors
Prevent cannabis revenue from funding criminal enterprises, gangs, or cartels
Prevent cannabis from moving out of states where it is legal
Prevent use of state-legal cannabis sales as a cover for illegal activity
Prevent violence and use of firearms in growing or distributing cannabis
Prevent drugged driving or exacerbation of other adverse public health consequences associated with cannabis use
Prevent growing cannabis on public lands
Prevent cannabis possession or use on federal property (national parks, government property, etc.)
Although this guidance was rescinded in 2018 by then Attorney General Jeff Sessions, The Cole Memo established the precedent that, so long as strict regulatory and tracking systems are implemented in states where the sale of cannabis is legal, the federal government will not intervene.
What do these federal rules mean for states where cannabis sales are legal?
How to implement and follow the priorities established by the Cole Memo are left up to states who have approved either medical, recreational, or both types of sales of cannabis.
Wait for our upcoming installment, “How is THC Legal in Washington State?”, to learn all about the rules and regulations that Washington state adopted to make it legal to sell cannabis at licensed retailers -- like Hashtag!