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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.

1787 supports the Secure and Fair Enforcement (SAFE) Banking Act of 2019.

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 is illegal under federal law. However, 24 states plus the District of Columbia have legalized marijuana for medical and recreational use, and 15 states allow marijuana for medical use only. All other states allow limited access to cannabis products that contain little to no THC (the main psychoactive substance in marijuana). The U.S. Virgin Islands, Guam and the Northern Mariana Islands have legalized marijuana for medical and recreational use.
 

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.
 

Twenty-six states plus the District of Columbia have decriminalized recreational marijuana use, meaning they have either fully or partially decriminalized certain marijuana possession offenses. This typically means there is no arrest, prison time or criminal record for first-time offenders who are caught with a small amount of marijuana intended for personal use. Also, over 100 localities in 12 states have passed municipal laws or resolutions that either fully or partially decriminalize minor cannabis possession offenses.

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