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The laws surrounding marijuana can be confusing. Each state has its own laws and regulations for factories and their products. Now, a piece of legislation called the MORE Act is being introduced that would legalize marijuana at the federal level.
current federal status
marijuana is Legal for adult use in 19 states and for Medical use in 36 states. However, under federal law, marijuana is still considered a Schedule I substance under the Controlled Substances Act of 1970. Schedule I drugs are classified as having no medicinal value and a high risk of abuse.
Other Schedule I substances include heroin, LSD, mescaline, psilocybin and MDMA.
However, CBD, a non-psychoactive compound found in marijuana, the almost THC-free cannabis plant, is federally legal. The Farm Bill passed in 2018 allows the cultivation and commercial sale of hemp and CBD products, including flowers, oils, concentrates and edibles.
Synthetically derived psychoactive products from CBD, such as delta-8 THC and THC-O, also appear on the U.S. market, but the legality of these products is less clear than CBD.
They do not contain delta-9 THC, a compound that is expressly prohibited under federal law, but they may still be considered illegal under federal law Federal Mock Actpart of the United States Controlled Substances Act Passed in 1986 to ban design chemicals structurally similar to drugs already banned by U.S. law.
Currently, delta-8 and THC-O are available on the shelves of pharmacies and smoke shops across the country, but if the White House decides to take legal action against the manufacturers, the substances could disappear from the market.
current state
If the subtleties between cannabis, marijuana and the likes seem complicated, the technical details of state and federal laws are nearly impossible to dissect.
Essentially, supremacy clause In accordance with the provisions of the United States Constitution (Article VI, Section 2), when state law conflicts with federal law, federal law controls.
The Constitution provides an exemption from this provision when it comes to exercising the police powers delegated to the states.
States cannot stop federal marijuana prosecutions, but the federal government generally does not interfere with citizens, manufacturers or retailers operating within their state laws. This precedent was established in 2013, when the Department of Justice (DOJ) under President Obama officially announced that it would not interfere with cannabis businesses that strictly adhere to state regulations.
The DEA does intervene in illicit marijuana businesses when distribution networks fund gang activity, incite violence, or include the sale of other illicit substances.
current legislation
Legislation to simplify current cannabis laws by legalizing the plant and its derived products at the federal level is in the process of passing Congress.
This Marijuana Opportunity Reinvestment and Elimination (MORE) Act Cannabis bans will be lifted nationwide and certain marijuana crimes will be eliminated. However, legalization at the state level will still be left to residents.
The bill would “end decades of failed and unjust marijuana policy,” Democratic Representative Ed Perlmutter said Thursday in the House ahead of the vote. “It’s clear that prohibition is over. Today, we have the opportunity to develop a new path forward for federal cannabis policy, which actually makes sense.”
It was the bill’s second stop in the House, where it passed 220 votes in favor and 204 against. The vote was nearly evenly split, with a majority of Democrats supporting the bill and a majority of Republicans opposing it. Moving next to the Senate, the MORE bill will face stiff opposition from Minority Leader Mitch McConnell and many of his Republican colleagues.
The MORE bill needs 60 votes in the Senate, a prospect considered unlikely due to a lack of Republican support.
This The legal industry generated $25 billion in sales last year, an increase of 43% from 2020, and is expected to reach $65 billion by 2030. Moral and medical arguments aside, the bill could be passed purely based on the positive economic impact of the industry.
Senate Majority Leader Chuck Schumer and Senators Cory Booker and Ron Wyden also plan introduce Their much-anticipated federal decriminalization bill, the Marijuana Regulation and Opportunity Act later this month, could hamper progress on more bills in the Senate.
Troy Carter, a Democrat from Louisiana, said 91 percent of Americans want some form of marijuana to be legal and police should focus on higher priorities. The question is, which bill has more power to pass the Congressional challenge, and which legislation is best for the American people?
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