The Evolution of Marijuana as a Controlled Substance and the Federal-State Policy Gap

This report provides an historical background on federal marijuana policy; an overview of state trends with respect to marijuana decriminalization and legalization, for both medical and recreational uses; and an analysis of the gap between federal and state marijuana law and policy and certain implications and consequences of the gap. It reviews federalism and federal authority to preempt state marijuana laws and analyzes relevant issues for federal law enforcement and the consequences of state marijuana legalization. The report also outlines a number of related policy questions and options that Congress may consider, including federal tax treatment of marijuana, financial services for marijuana businesses, the medical nature of cannabis, oversight of federal law enforcement, evaluation of marijuana as a Schedule I controlled substance, and some options for addressing the gap.