The Road to Legalization: How Far Are We From Federally Legal Cannabis?

Election Day is here, and cannabis enthusiasts are tuning in with a little extra excitement! It’s not just about voting on candidates or issues—it’s about the future of cannabis, too. With each election, we inch closer to the possibility of federal legalization, which could make a big difference for anyone who enjoys or relies on cannabis. From coast to coast, stoners and advocates alike are watching to see which leaders and laws might help shift the national landscape. So whether you’re packing a bowl or prepping your ballot, let’s look at how this election could impact the path to legalization!

Early Anti-Cannabis Propaganda

Why Is Cannabis Still Federally Illegal—and How Close Are We to Legalization?

Cannabis has roots that reach back thousands of years, where it was once a cornerstone of ancient medicine and even held a place in early American apothecaries. Despite its rich history and widespread acceptance today, cannabis remains federally illegal and continues to be classified as a Schedule I substance, right alongside drugs like heroin—substances considered to have high abuse potential and no accepted medical use. This classification seems increasingly outdated as more states embrace legalization, both medically and recreationally, responding to public demand and the growing recognition of cannabis’s potential health benefits.

So why does cannabis remain in this restrictive category, even as society’s view shifts dramatically? And just how close are we to finally seeing it federally legalized? Although the journey toward federal reform has been a long one, each year brings us closer, with new bills, research, and public support shaping a path that could eventually change the face of cannabis law in America. Let's explore the reasons behind this slow progression and look at where legalization stands today.

The Backstory: When Did Smoking Cannabis become Illegal?

The story of cannabis prohibition begins in the early 20th century, during an era marked by sensationalist campaigns that stigmatized the plant and painted it as a social threat. Fueled by anti-cannabis rhetoric in newspapers and early media, these campaigns targeted cannabis, often associating it with marginalized communities and falsely linking it to violent behavior and moral decay. This misinformation created a lasting stigma that would influence public opinion and policy for decades to come.

In 1937, the federal government took its first major step against cannabis by enacting the Marijuana Tax Act, which didn’t ban the plant outright but imposed steep taxes and complex regulations on its sale, effectively driving it underground. But the most consequential blow came in 1970 with the Controlled Substances Act (CSA). This legislation categorized cannabis as a Schedule I drug—the strictest classification. Placing cannabis in the same category as heroin and LSD, the CSA hindered research and limited medical access, despite emerging evidence of the plant’s therapeutic benefits. Over fifty years later, cannabis still holds this classification, even as mounting scientific research and shifting public attitudes challenge the validity of these outdated policies.

Sensationalized Newspaper article from the 1930s

How Did Racial Bias Contribute to Cannabis Becoming Illegal in the United States?

The path to cannabis prohibition in the U.S. intertwines significantly with racial prejudice. In the early 20th century, cannabis began to be associated with Mexican immigrants who brought the practice of recreational cannabis use with them during a wave of migration following the Mexican Revolution. Anti-immigrant sentiment grew, and cannabis became a focal point in campaigns that painted it as a dangerous, corruptive influence linked to marginalized communities. In the 1930s, Harry Anslinger, the head of the Federal Bureau of Narcotics, leveraged this sentiment by pushing narratives that connected cannabis to violence and criminality among Black and Mexican communities. His campaign against cannabis was fueled by racist rhetoric, framing the drug as a social threat tied to these groups and stoking public fear.

Even today, Black and Latino communities continue to bear the brunt of cannabis-related stigmas and the long shadow of racially biased policies. Although cannabis legalization and decriminalization are advancing in many states, disparities in arrests and convictions persist, with people of color disproportionately affected by cannabis laws. Black Americans, for instance, are nearly four times more likely to be arrested for cannabis possession than white Americans, despite similar rates of usage. These disparities contribute to ongoing cycles of incarceration and economic inequality within these communities, making it harder for them to benefit from the growing legal cannabis industry. As legalization expands, addressing these deep-rooted inequities remains a crucial part of creating a fair and inclusive cannabis landscape.

Why Is Cannabis Still Federally Illegal?

Several factors keep cannabis federally illegal, despite growing acceptance and medical research. One major obstacle is the lingering stigma rooted in decades-old stereotypes that still cast cannabis as a dangerous substance. This outdated perception affects public opinion and policy. Another barrier is bureaucratic inertia; federal legalization requires untangling complex laws, aligning state and federal regulations, and overcoming resistance within multiple agencies. Additionally, federal bodies like the DEA argue for more extensive research to confirm cannabis’s safety and efficacy, despite existing studies showing promising benefits. Together, these challenges keep cannabis legalization at a standstill on the federal level.

How Close Are We to Federal Legalization?

Here's the exciting part: we’re closer to federal legalization than ever before! 36 states now allow some form of legal cannabis—whether medical, recreational, or both—and public support is skyrocketing, with about 68% of Americans in favor of legalization. Plus, Congress has seen several bills aiming to loosen restrictions, like the MORE Act (which would decriminalize cannabis) and the SAFE Banking Act (allowing cannabis businesses access to banking).

The Biden administration has also shown signs of leniency by expunging past cannabis convictions and supporting medical cannabis research. While legalization isn’t a guarantee, these steps reflect a major shift in federal attitudes. 

In 2023, the push to reschedule cannabis took a big step forward. The Department of Health and Human Services (HHS) recommended that cannabis be moved from a Schedule I to a Schedule III substance under the Controlled Substances Act, a shift that acknowledges cannabis’s medical potential and reduces some of the strictest restrictions. If the DEA accepts this recommendation, cannabis would join substances like certain prescription medications, easing research limitations and potentially improving federal tax conditions for cannabis businesses. While this isn’t full legalization, rescheduling would mark a meaningful shift in federal cannabis policy, bringing us closer to broader reform.

Kamala Harris and Donald Trump have distinct approaches to cannabis reform, reflecting their broader political philosophies. Harris advocates for full federal legalization of cannabis, emphasizing it as a racial and economic justice issue. Her plan includes creating financial opportunities within the cannabis industry for Black entrepreneurs, aiming to counter the long-standing impact of the War on Drugs. She believes no one should be jailed for cannabis use and sees legalization as a way to reduce disparities and promote economic empowerment​

Trump, in contrast, supports state autonomy over marijuana policy while pushing for reclassification of cannabis from Schedule I to Schedule III. This would ease restrictions, making it simpler for states to legalize or regulate cannabis without a national mandate. Recently, Trump expressed support for recreational cannabis legalization in Florida, appealing to voters interested in cannabis reform but cautious about federal oversight. His stance seeks a middle ground, promoting decriminalization without mandating nationwide legalization​.

In sum, Harris advocates for broad federal reform, while Trump’s approach favors state flexibility within a less restrictive federal framework. The rescheduling of cannabis or even outright decriminalization may be closer than ever.

What Would Federal Legalization Mean?

Federal legalization of cannabis would open the door to a new era for the industry, transforming how it’s perceived and managed across the U.S. The staff at Starbird would love to see consumption lounges fully operating. That way cannabis consumers get the same privileges as drinkers. Imagine being able to light up your favorite joint while overlooking beautiful Salem, with no paranoia or chance of getting reprimanded. But that’s not the only goal here. 

With national legalization, cannabis could become fully bankable, allowing businesses access to standard banking services, loans, and even stock market listings. This shift would make it easier for cannabis companies to grow, attract investors, and operate like any other mainstream industry. It would also reduce the stigma surrounding cannabis use, encouraging open dialogue about its benefits and broadening its acceptance in both medical and recreational contexts. Additionally, legalization would enable more robust research, potentially leading to breakthroughs in treating various conditions with cannabis-derived products.

However, federal legalization might also introduce stricter regulations and higher taxes. With increased oversight, cannabis businesses would likely face new production standards, quality control measures, and safety requirements to ensure consumer protection. While this could drive up operational costs, a standardized approach would boost product consistency and safety nationwide, benefitting both businesses and consumers in the long run. In sum, federal legalization may spur industry growth and research, but cannabis companies would need to adapt to a more heavily regulated landscape.

Sanitation Department workers weeding cannabis plants

The Bottom Line: Change Is Coming

Federal legalization would be a transformative step for the cannabis world, unlocking exciting opportunities for growth, research, and consumer trust across the board. Imagine the possibilities—a fully normalized industry where your favorite local dispensaries, like Starbird, can operate openly and thrive! Known for our commitment to quality, community, and fairness, we’d gain greater access to banking services and the freedom to innovate even more for our loyal customers. But federal legalization isn’t just about business growth; it’s also about justice.

True legalization should include meaningful reparations for communities disproportionately impacted by cannabis prohibition, addressing years of inequitable enforcement and economic harm. By creating pathways to jobs, ownership, and resources within the cannabis industry, federal legalization could help restore opportunities where they were once denied. At Starbird, we look forward to a future that’s not only greener but fairer, allowing us to continue delivering the best in cannabis while supporting the broader community and creating a brighter future for everyone.

Fly high!