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Legalization of non-medical cannabis in the United States

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Through Supreme Court of the United States

During a wave of decriminalization in the 1970s, Oregon became the first state to decriminalize cannabis in 1973. Ten more states followed by the end of 1978, influenced by the Shafer Commission's endorsement of decriminalization in 1972. By the end of the decade the tide had turned in the other direction, however, and no state would decriminalize again until 2001.

Efforts to legalize cannabis included a number of ballot initiatives leading up to 2012, but none succeeded. In 2012, success was finally achieved when Washington and Colorado became the first two states to legalize. In 2014 and 2016 several more states followed, and in 2018 Vermont became the first to legalize through an act of state legislature. All jurisdictions that have legalized cannabis permit its commercial sale, with the exception of Virginia and the District of Columbia. Personal cultivation is allowed in all such jurisdictions except Delaware, Illinois, New Jersey, and Washington State.

At the federal level, cannabis remained prohibited for any use under the Controlled Substances Act of 1970. The Justice Department has generally not enforced federal law in states that have legalized recreational cannabis, however. In December 2020, a bill to remove cannabis from the Controlled Substances Act was passed by the U.S. House but was not voted on by the Senate.

Early use and criminalization

Cannabis was popularized in the U.S. around the mid-19th century, used mostly for its therapeutic benefits in the treatment of a wide range of medical conditions. Its use as medicine continued into the 20th century, but declined somewhat due to a number of different factors. The recreational use of cannabis began to emerge in the early 20th century, introduced to the U.S. by Mexicans fleeing the dictatorship of President Porfirio Díaz. As its use spread north of the border, cannabis became stigmatized due to strong anti-Mexican sentiments that had taken hold.

By 1936, the non-medical use of cannabis had been banned in every state. Cannabis was then effectively outlawed at the federal level, following the passage of the Marihuana Tax Act of 1937. Cannabis remained mostly an underground drug until the 1960s, when it found widespread popularity among large numbers of young people and hippies, and was used commonly at protests against the Vietnam War. Cannabis was officially banned for any use with the passage of the 1970 Controlled Substances Act, subsequent to the Supreme Court's overturning of the Marihuana Tax Act in 1969 (in the case Leary v. United States).

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