The Federal Status of Marijuana and the Policy Gap with States

By Lisa N. Sacco, Joanna R. Lampe, Hassan Z. Sheikh

Marijuana is a psychoactive drug that generally consists of leaves and flowers of the cannabis sativa plant. It is a Schedule I controlled substance under the federal Controlled Substances Act (CSA; 21 U.S.C. §§801 et seq.), and thus is strictly regulated by federal authorities. In contrast, over the last several decades, most states and territories have deviated from a comprehensive prohibition of marijuana and have laws and policies allowing for some cultivation, sale, distribution, and possession of marijuana.

Marijuana is the most commonly used illicit drug in the United States. According to data from the National Survey on Drug Use and Health (NSDUH), in 2024 an estimated 64.2 million individuals aged 12 or older used marijuana in the past year, and 44.3 million reported using it in the past month. The percentage of individuals 12 or older who reported past-month marijuana use gradually increased from 6.1% in 2008 to 15.4% in 2024—a time frame during which a majority of states repealed state criminal prohibitions on marijuana and allowed for its recreational and/or medical use. The rate of past-month marijuana use among youth (ages 12-17) was 6.0% in 2024 and since 2008 has fluctuated from a low of 6.0% (in 2023 and 2024) to a high of 7.9% (in 2011), while adult (ages 18+) use steadily increased—from 6.3% in 2008 to 16.3% in 2024.

Washington, DC: Congressional Research Service; March 10, 2026.