The story of cannabis legalization in the United States is a complex one, woven through intricate socioeconomic backgrounds, political movements, and changing cultural attitudes. Amidst the waves of cultural and political change, the path towards legalization is filled with back and forth decisions that reflect the United States’ changing attitude towards the once forbidden plant.
The history of cannabis in the United States dates back to the colonial times when the early American colonists grew hemp, a strain of the plant with low THC content, for a variety of uses. However, it was not until the 20th century when the controversy around cannabis truly began, spurred by a wave of regulations limiting their use.
The introduction of the Marihuana Tax Act of 1937 marked the first significant federal limitation on cannabis. The act put a tax on the sales of cannabis, effectively criminalizing its possession, cultivation, and distribution. A combination of racial prejudice, political maneuvering, and economic interests influenced the passing of this legislation.
Following the Marihuana Tax Act, cannabis remained somewhat in a legal gray area until the passage of the Controlled Substances Act of 1970. This comprehensive drug policy classified cannabis as a Schedule I drug, further stigmatizing its use and solidifying federal prohibition of cannabis.
The 1970s also witnessed the birth of a growing social movement advocating for cannabis legalization. This political movement, driven by various social movements including the counter-culture movements of the sixties, led to some early movements towards decriminalization. In 1973, Oregon became the first state to decriminalize cannabis, reducing penalties for possession of small quantities. Similar movements in states like Alaska, Maine, Colorado, and California followed suit.
However, the progress was quickly stifled under the Reagan administration’s ‘War on Drugs’, which launched a nationwide crackdown on drug use, leading to a dramatic rise in arrests for cannabis possession and use.
Despite federal opposition, the attitudes towards cannabis continued to shift in the United States. Pioneered by California’s Proposition 215 in 1996, medical cannabismovement across states started to take root. The proposition permitted the use of cannabis for medical purposes, leading to a chain of similar legislative actions in different states over the next decade.
The trailblazing state for recreational cannabis was Colorado, which, along with Washington, in a landmark move, legalized recreational cannabis in 2012. This signified a shift beyond medical use, opening up recreational markets for the first time. Since then, an ever-growing number of states have passed their own laws legalizing recreational cannabis, albeit with varying regulations and restrictions.
While the numbers are in favor of cannabis—33 states have legalized medical cannabis, and 11 have allowed recreational use—as of 2021, the possession, sale, or use of cannabis remains a federal crime in the United States. The gap between federal and state law continues to pose challenges. The most recent development is the MORE Act, passed by the House of Representatives in December 2020, aiming to decriminalize and deschedule cannabis at the federal level.
Yet, the future of cannabis in the United States remains uncertain, with the political battles around legalization still ongoing. With increasing state-level legalization and growing societal acceptance, the pressure is on the federal government to reassess cannabis’s place in American society. And as we sit at another inflection point in the history of cannabis legalization, the journey of this humble plant grows ever more intriguing.