Cannabis Law Research: Federal Laws

This page contains resources for researching federal cannabis laws. The center column contains links to primary legal materials, including statutes, regulations, and case law. The column to the right contains additional information from the federal government, such as reports from the Congressional Research Service (C.R.S.) and federal agencies.

Controlled Substances Act

Agriculture Improvement Act of 2018

Marijuana Opportunity Reinvestment and Expungement Act (MORE Act)

The Marijuana Opportunity Reinvestment and Expungement Act (MORE Act) is a proposed bill that would deschedule marijuana from the Controlled Substances Act, decriminalize marijuana at the federal level, impose a 5% federal tax on marijuana sales, and provide for the expungement of prior marijuana-related convictions. The MORE Act was passed by the House of Representatives in 2020 as H.R. 3884, but was not passed by the Senate during the 116th Congress. The MORE Act was reintroduced in the House as H.R. 3617 in 2021.

Secure And Fair Enforcement Banking Act (SAFE Banking Act)

The Secure And Fair Enforcement Banking Act (SAFE Banking Act) is designed to (1) constrain federal banking regulator authority to penalize depository institutions for providing financial services to cannabis businesses complying with state laws; and (2) protect depository institutions and their personnel from some legal liability under the Bank Secrecy Act, anti-money laundering laws, and asset forfeiture laws when providing financial services to, or investing proceeds derived from serving, cannabis businesses complying with state laws. H.R. 1595, as amended, passed the House in September 2019, but was not passed by the Senate during the 116th Congress. The SAFE Banking Act was reintroduced in both the House and the Senate in 2021.

Strengthening the Tenth Amendment Through Entrusting States (STATES) Act

The STATES Act was a proposed bill that would formalize the federal government's "hands-off" approach to state legalization of cannabis by eliminating regulatory controls and administrative, civil, and criminal penalties under the Controlled Substances Act for certain cannabis-related activities that comply with state or tribal law.

Cannabis Administration and Opportunity Act (CAOA)

The Cannabis Administration and Opportunity Act (CAOA) is a bill sponsored by Senators Cory Booker, Ron Wyden, and Chuck Schumer. The bill seeks to decriminalize marijuana at the federal level, remove cannabis from the federal list of controlled substances, automatically expunge convictions for federal non-violent marijuana crimes, and provide for federal regulation and taxation of cannabis.

Regulations promulgated by the Drug Enforcement Administration (DEA) related to controlled substances can be found in Title 21, ch. II of the Code of Federal Regulations (C.F.R.). Continually updated versions of the C.F.R. are available from Westlaw, Lexis, or the free e-CFR website. The official annual edition of the C.F.R. is available from govinfo.

Notable U.S. Supreme Court Decisions

Research Resources

While an exhaustive list of federal court decisions on cannabis issues is beyond the scope of this guide, here are some resources you can use to research case law on cannabis:

These reports from the Congressional Research Service (CRS) contain nonpartisan analysis of legal issues involving cannabis, including conflicts between federal and state law, proposed federal legislation, and the immigration implications of federal cannabis law.

The Shafer Commission, formally known as the National Commission on Marihuana and Drug Abuse, was appointed by President Richard Nixon in the early 1970s and chaired by former Pennsylvania Governor Raymond P. Shafer. The commission issued a report on its findings in 1972 that called for the decriminalization of cannabis possession.

Food and Drug Administration (FDA)

Department of Justice (DOJ)

National Institutes of Health