Federal law impacts state-level marijuana legalization primarily through the Controlled Substances Act (CSA). The DEA classifies marijuana as a Schedule I controlled substance. This classification means that, at the federal level, marijuana is considered to have a high potential for abuse. Officially, there is no currently accepted medical use, and a lack of accepted safety for use under medical supervision.
Despite this federal stance, many states have passed their own laws allowing medical and, in some cases, recreational use of marijuana. This creates a policy gap between federal and state laws. While Florida can decriminalize or legalize marijuana within its own border, it cannot change its illegal status under federal law. This means that federal authorities can technically enforce federal marijuana laws in Florida where marijuana use is legal under state law.
Changing Approaches to Cannabis Enforcement
Moreover, the federal government’s approach to enforcement has varied over time, with some administrations choosing not to prioritize enforcement in states that have legalized marijuana. However, this non-enforcement policy is not guaranteed and can change with different administrations.
In April 2024, the Drug Enforcement Administration (DEA) proposed moving marijuana from Schedule I to Schedule III under the CSA, which would reduce some of the federal restrictions. However, until such a change is officially made, the conflict between federal and state laws continues to create legal uncertainty, particularly for businesses and individuals involved in the marijuana industry.
The conflict also affects banking, as federal law impacts financial institutions’ willingness to provide services to marijuana-related businesses. This is due to the risk of federal prosecution for aiding in what is technically a federal crime, despite state legality.
In summary, while states may legalize marijuana, federal law still poses significant challenges and risks for those engaging in marijuana-related activities. This activity impacts the broader acceptance and integration of marijuana into legal markets.