The cannabis situation in the US has always been complex and evolving, characterised by a strong tension between federal and state laws. It was here in the United States that prohibition against the use of cannabis began, with the passage of the Marijuana Tax Act of 1937, signed by President Franklin D. Roosevelt. 

This legislation marked the beginning of a long era of criminalisation, which not only took root in the United States, but also rapidly spread to the rest of the world, influencing international drug policies.

For decades, flower was rigidly classified as a heavy drug, considered at high risk of abuse and with no recognised medical value, equated with substances such as heroin and other extremely dangerous drugs. This has restricted research and heavily criminalised its possession, sale and use throughout the US.

In recent years, things seem to have changed significantly. In fact, there has been increasing pressure to reform federal cannabis laws in the United States through various bills. One of the most recent initiatives is the Department of Justice‘s proposal to reclassify marihuana as a less severe drug, moving it into a category that would better reflect its medical potential and reduce the penalties associated with its use. Let’s take a look at what this is all about in the next section.

Cannabis in the USA: less heavy drug?

The US Department of Justice has just proposed a significant reconsideration of cannabis, specifically as a less heavy drug, on par with Tylenol with codeine. Marijuana use will thus be a less serious federal crime than the use of other hard drugs such as cocaine, heroin, methamphetamine, and so on.

The decision to make this proposal came following the Department of Health and Human Services‘ recommendation in August 2023 to reclassify cannabis, in line with Biden‘s requested revision. The aim was to align the classification of cannabis with the latest knowledge on its potential therapeutic benefits, thus paving the way for a more modern and less punitive regulatory approach.

Although we are not yet talking about legal weed, the approval of this proposal would reflect an increasing recognition of the medical value of cannabis and legal and federal homogenisation across states. Medical cannabis, in fact, is currently legal in 38 of the United States, as well as the District of Columbia, as of 2024.

But that is not all: it would trigger a significant increase in investment in the cannabis sector, stimulating the development of new technologies and derived products. It would also open up new opportunities for more in-depth scientific research, which will finally have the support needed to explore the benefits and therapeutic properties of cannabis for a wide range of medical conditions.

In which states is cannabis legal in the USA?

Just as the United States was the first to prohibit cannabis, with strict laws restricting its use and spread, it has similarly been at the forefront of legalisation movements. 

An emblematic example of this change is California‘s decision in 1996 to legalise its therapeutic use through Proposition 215. This not only transformed the legislative landscape in the United States, but also had a significant impact globally, helping to spread the cannabis legalisation movement to many other countries. 

Today, the states in which the possession, sale and consumption of cannabis is fully legal are:

• Colorado: November 6, 2012 (came into effect on January 1, 2014)
• Washington: November 6, 2012 (came into effect on December 6, 2012)
• Alaska: November 4, 2014 (came into effect on February 24, 2015)
• Oregon: November 4, 2014 (came into effect on July 1, 2015)
• California: November 8, 2016 (came into effect on January 1, 2018)
• Nevada: November 8, 2016 (came into effect on January 1, 2017)
• Massachusetts: November 8, 2016 (came into effect on December 15, 2016)
• Maine: November 8, 2016 (came into effect on January 30, 2017, but sales began on October 9, 2020)
• Vermont: January 22, 2018 (legal from July 1, 2018, but retail sales were regulated only in 2022)
• Michigan: November 6, 2018 (came into effect on December 6, 2018)
• Illinois: June 25, 2019 (came into effect on January 1, 2020)
• Arizona: November 3, 2020 (came into effect on November 30, 2020)
• Montana: November 3, 2020 (came into effect on January 1, 2021)
• New Jersey: November 3, 2020 (came into effect on January 1, 2021)
• South Dakota: November 3, 2020 (legal decision ongoing, legalization was blocked by the state’s Supreme Court)
• New York: March 31, 2021 (came into effect on March 31, 2021, but sales began on December 29, 2022)
• Virginia: July 1, 2021 (came into effect for possession and cultivation, but retail sales are expected in 2024)
• New Mexico: June 29, 2021 (came into effect on April 1, 2022)
• Connecticut: July 1, 2021 (came into effect on July 1, 2021, sales began on January 10, 2023)
• Rhode Island: May 25, 2022 (came into effect on December 1, 2022)
• Maryland: November 8, 2022 (came into effect on July 1, 2023)
• Missouri: November 8, 2022 (came into effect on December 8, 2022)
• Delaware: April 21, 2023 (came into effect on April 21, 2023, sales expected in 2024)
• Minnesota: August 1, 2023 (came into effect on August 1, 2023, sales expected in 2025)

Which states allow the medical use of cannabis in the USA?

The states that, on the other hand, allow the consumption of cannabis exclusively for medical purposes in the US, each with their own specific rules, restrictions and limitations, are numerous and represent a significant part of the US legislative landscape. In each of these states, access to cannabis is regulated to ensure that it is only used for medical treatment, under strict medical supervision and in compliance with state laws.

Here is a list of the states in question:

• Hawaii: 2000
• New Hampshire: 2013
• Iowa: 2014, only for limited use of low-THC cannabis
• North Carolina: 2014, only for limited use of CBD
• South Carolina: 2014, only for very limited use of CBD
• Wisconsin: 2014, only for very limited use of CBD
• Georgia: 2015, limited to low-THC products
• Louisiana: 2015
• Wyoming: 2015, only for very limited use of CBD
• Nebraska: 2015, only for very limited use of CBD
• Tennessee: 2015, only for very limited use of CBD
• Texas: 2015, only for limited use of low-THC cannabis
• Arkansas: 2016
• Florida: 2016
• Ohio: 2016
• North Dakota: 2016
• Pennsylvania: 2016
• Indiana: 2017, only for very limited use of CBD
• West Virginia: 2017
• Kansas: 2018, only for very limited use of CBD
• Oklahoma: 2018
• Utah: 2018
• Alabama: 2021
• South Dakota: 2020, although full legalization was suspended pending legal review
• Mississippi: 2020
• Kentucky: 2023, with limitations

States where cannabis is illegal in the USA

Of this list, three remain, and they are precisely those where cannabis consumption remains totally illegal.

One of these is Kansas, a traditionally conservative and prohibitionist state. Here, cannabis remains illegal mainly because of strong political and cultural opposition. Indeed, many local legislators have expressed concerns about the potential risks of legalisation, including substance abuse and the impact on public safety. Despite the proposal of some laws to legalise medical cannabis, political resistance has prevented any significant progress.

Second, is Idaho, which ranks first among the most restrictive cannabis states in the United States. Strong opposition to the legalisation of cannabis, both medical and recreational, is rooted in conservative values and a negative view of drugs in general. The state government has even tried to amend the constitution to prohibit the legalisation of cannabis in the future. These factors, combined with a conservative legislature, keep cannabis illegal in the state.

Finally, in Nebraska, cannabis is illegal due to a combination of political and legal factors. Although there is popular support for the legalisation of medical cannabis, initiatives have been hampered by legal challenges and a conservative political environment. The state Supreme Court even blocked a medical cannabis ballot initiative in 2020, arguing that it violated the rules on unitary bills.

A look at cannabis in Europe

The overall picture of the cannabis situation in the US, then, is one of constant change, with increasing acceptance and regulation of cannabis in many states, contrasted with persistent resistance in others. 

But let us also turn our attention to Europe, where cannabis regulation varies greatly from country to country. Few countries have legalised recreational cannabis, with Portugal, Spain, Germany and the Netherlands adopting more tolerant approaches, while many others maintain restrictive policies. 

With regard to the medical use of cannabis, it is more widely accepted in Europe but access and regulation differs widely at the national level.

In Italy, medical cannabis has been legal since 2007, but accessing it remains a challenge due to strict regulations. Recreational cannabis, on the other hand, is still illegal in our country, despite various attempts at legislative reform and a growing public debate on the need to decriminalise possession for personal use. 

The only form of cannabis available legally is legal weed, also known as cannabis light, which contains low levels of THC, although this market too has recently been subject to regulatory uncertainty.

Conclusion

Looking to the future, the Justice Department’s proposal to reclassify cannabis as a less severe drug could mark a crucial turning point for cannabis regulation in the United States. If approved, this measure could not only facilitate greater consistency between state and federal laws, but also stimulate greater investment and scientific research, opening up new opportunities in the sector.

Globally, this change could influence policies in other countries, pushing towards a more progressive and evidence-based approach to cannabis management. However, to realise the full potential of this reform, it will be essential that it is accompanied by educational initiatives and clear regulation that promotes responsible and informed use.

The direction taken seems to indicate a movement towards greater liberalisation and regulation, but the challenges, both in the United States and Europe, remain significant.