Nine states (Alaska, California, Colorado, Maine, Massachusetts, Nevada, Oregon, Vermont, and Washington) and the District of Columbia have legalized recreational marijuana. Medical marijuana is legal in thirty states. https://www.businessinsider.com/legal-marijuana-states-2018-1. The cannabis industry in the United States grew 33% over 2016 and is expected to reach $24.5 billion in sales by 2021. Id. Support for marijuana is high in the United States, as evidenced by a 2017 Gallup poll which showed that 64% of Americans favor legalization. Id. Despite the popularity and increased support, marijuana is a Schedule I substance under the Controlled Substances Act, and its use, possession, or cultivation is a federal offense. 21 U.S.C. § 812(c)(c)(10). Despite states’ actions to legalize marijuana, the Department of Justice has reiterated that marijuana remains an illegal drug and has instructed prosecutors to enforce the Controlled Substances Act. https://www.justice.gov/opa/pr/justice-department-announces-update-marijuana-enforcement-policy. As such, state marijuana laws only protect consumers from criminal prosecution by state authorities; not from federal drug offenses.
By Adair Smith