Although many states have already either legalized or decriminalized marijuana, it remains illegal to buy, sell, or possess under U.S. federal law. Many people, however, are asking how long it’s going to stay that way. As more states slowly but surely join those who’ve already made the choice to remove penalties for marijuana use, some believe that that the federal government will eventually have no choice but to follow suit.
The Current State of U.S. Marijuana Legalization
All in all, 36 U.S. states or territories currently have laws on the books that make marijuana use legal for medicinal purposes. Out of those, 11 also allow recreational use.
Various independent polls show that public opinion in the United States has been steadily shifting toward the legalization of marijuana nationwide. 2013 marked the first year that more than 50% of people in the U.S. approved of legal marijuana after hovering between 20 and 30 percent for nearly three decades. A 2016 Gallup poll showed that 60% of Americans were in favor of making marijuana legal. It was the highest level of support recorded in 47 years. Two years later, support for legalization rose to 66%.
Even as citizens become increasingly vocal and more states move to decriminalize marijuana within their own borders, change at the federal level has proven to be painfully slow. Towards the end of his final term as president, Barak Obama made statements suggesting that if more states could show that the marijuana industry could be safely regulated, it would, perhaps, get the attention of Congress and start a change. Unfortunately, now, more than three years later, and with marijuana legal in more than half of the states, little has changed on the federal level.
The Future for Federal Marijuana Legalization
Changes could, however, be just over the horizon. For the first time since marijuana became illegal in the U.S., there is real talk and genuine effort within the federal legislature to turn things around.
In early April 2019, a bipartisan group of lawmakers introduced a bill called the Strengthening the Tenth Amendment Through Entrusting States (STATES) Act. If passed, this bill will amend the Controlled Substances Act to exempt marijuana-related activities as long as they comply with local state, territory, or tribal law.
U.S. Attorney General William Barr has also spoken about his desire to bring federal law more in line with what the states obviously want. “The situation that I think is intolerable and which I’m opposed to is the current situation we’re in, and I would prefer one of two approaches rather than where we are,” Barr said. “Personally, I would still favor one uniform federal rule against marijuana, but if there is not sufficient consensus to obtain that, then I think the way to go is to permit a more federal approach so states can make their own decisions within the framework of the federal law and so we’re not just ignoring the enforcement of federal law.”
There are also other bills dealing with marijuana and related topics before congress. Three such bills are the RESPECT Act, the SAFE Banking Act, and the Ending Federal Marijuana Prohibition Act.
Of course, nothing is guaranteed, but with so much action being taken at the state level and so much debate happening at the federal level, marijuana legalization looks increasingly likely. Some believe we could see changes in the federal law as soon as this year or next. Regardless of the timeline, the times are definitely a-changin.’