Federal Weed Legalization: Less Is More

By Daniel A. Sumner | Robin S. Goldstein

Key Points

• Cannabis containing more than 0.3 percent tetrahydrocannabinol (THC), which the US government still calls “marijuana” but here we call “weed,” has been legalized by many state governments but is still illegal at the federal level.

• If a major goal of federal legalization is to help legal weed replace illegal weed, the best step forward for federal policy is simply to step out of the way. This would involve removing weed from the schedule of illegal narcotics, permitting states to implement cannabis policy as they see fit, and allowing cannabis to move among jurisdictions where it is legal.

• Forms of federal legalization that include more regulations and taxes on cannabis—including House and Senate bills that have been recently publicized—would almost surely do more harm than good, given the state and local policies already in place.

Washington, DC: American Enterprise Institute, 2022. 5p.