Legalizing Marijuana
The Bottom Line
1787 supports the rights of states to legalize marijuana under the Tenth Amendment.
1787 supports the Strengthening the Tenth Amendment Through Entrusting States (STATES) Act, which would give U.S. states, Washington D.C., U.S. territories, and federally recognized tribal nations the right to determine the best approach to cannabis within its borders. The legislation allows these entities to apply their own policies without fear of consequence from the federal government.
1787 supports the Secure and Fair Enforcement (SAFE) Banking Act of 2019, which would protect banks and financial institutions that choose to service cannabis-related businesses if the businesses operate within their state’s legal and regulatory rules.
Using – or being exposed to – marijuana while your brain is still developing is highly damaging. 1787 supports:
A minimum age of no younger than 21. Twenty-five would be even better.
Strict and severe criminal penalties for adults who smoke marijuana near anyone under 21 years of age.
Strict and severe criminal penalties for adults who fail to keep marijuana in a pre-packaged, childproof container – well out of the reach of children.
1787 supports improving and expanding the national cannabis research agenda to address research gaps, improve the quality of research, and address research barriers.
Marijuana use is illegal under U.S. federal law because it is classified as a Schedule I controlled substance under the Controlled Substances Act.
However, 24 states, the District of Columbia, and two territories (Guam and North Mariana Islands) allow for the use of cannabis for non-medical adult purposes. Additionally, 47 states, the District of Columbia, and three territories (Guam, Puerto Rico, U.S. Virgin Islands) allow for the use of cannabis for medical purposes; 38 states, the District of Columbia, and three territories allow for the use of cannabis for medical purposes through comprehensive programs; 14 states and two territories have a comprehensive medical-only program; and nine states have medical programs that only allow for the use of CBD/low-THC products for qualifying medical condition(s) as defined by the state. Only three 3 states – Idaho, Kansas, and Nebraska – and one territory (American Samoa) do not have a legal cannabis program.
In the 2024 election, four states voted on ballot measures to legalize marijuana for recreational or medical use. Nebraska legalized medical marijuana, but ballot measures failed in Florida, North Dakota and South Dakota. Massachusetts voted on a ballot measure to legalize psychedelic substances, including psilocybin mushrooms, for use in licensed therapy centers but the effort failed.