6 ms·

What is the legality of marijuana on the federal level in the US? I was under the impression that even if marijuana is legal on a state level you can still get

by Drakim 10y ago

What is the legality of marijuana on the federal level in the US? I was under the impression that even if marijuana is legal on a state level you can still get in trouble for it.

Shank 10y ago
Federally, it's still illegal. However, there have been statements that they aren't prosecuting or pursuing legal action in states that have legalized it [0]. [0]: http://www.denverpost.com/2013/08/29/federal-government-wont-block-colorado-marijuana-legalization/ http://www.denverpost.com/2013/08/29/federal-government-wont... Edit: For the record, it would still block you from getting a US Government security clearance, and you can still run drug tests on employees and decline them for failing.
- ethbro 10y ago
  IOW: at the federal level illegal by law, ignored for recreational amounts by executive order (and thus possibly changing when a new executive branch is elected).
- hackuser 10y ago
  Couldn't that policy be reversed by another president? For example, a President Cruz might not like the idea. In a way, Microsoft getting involved raises the cost of changing the policy; do they want to prosecute or otherwise upset a major corporation?
  - huac 10y ago
    Yes. Federal enforcement is carried out by the DOJ, which is an agency of the Executive Branch. The DOJ serves at the pleasure of the President, so while Obama chooses not to enforce this law currently, he (or the next President) could change their minds at any moment. In practice, Microsoft is betting on their lobbyists to ensure a stable regulatory climate.
pilom 10y ago
It is indeed illegal on the federal level. Currently everyone is just an executive order away from crack down on all of it. The guidance that the Obama Administration has been using is not to enforce the law in states where it has been legalized (though they have been cracking down on cases where dispensaries open within 1000 ft of a school). That said, a new president could do whatever they wanted and a crackdown would likely result in an eventual supreme court case that the states would probably lose based on current precedent.
- encoderer 10y ago
  I think you overstate the ease with which you go about putting toothpaste back into the tube.
  - ethbro 10y ago
    http://lifehacks.stackexchange.com/questions/2221/whats-the-simplest-way-to-put-toothpaste-back-in-the-tube http://lifehacks.stackexchange.com/questions/2221/whats-the-...
joefkelley 10y ago
Yes, it's still very much illegal federally. It's still a Schedule I controlled substance. The federal banking system / IRS refuses to interact with marijuana businesses, the postal service won't mail ads for it, the DEA continues to raid growers, etc, etc. Edit: as others have pointed out, I was incorrect in lumping in the IRS with the rest of the federal banking system. The IRS does indeed accept money from marijuana businesses. There are other parts of the federal banking system that are not so "accepting", for instance: http://www.denverpost.com/2016/01/05/judge-tosses-denver-marijuana-credit-unions-suit-for-federal-approval/ http://www.denverpost.com/2016/01/05/judge-tosses-denver-mar...
- tlrobinson 10y ago
  > IRS refuses to interact with marijuana businesses What does that mean? Surely the IRS still wants their money? It would seem to put the IRS and marijuana businesses in an awkward position...
  - ergothus 10y ago
    Pretty sure the IRS is more than willing to deal with MJ businesses - they have an entire setup to let you report "illegal" gains and even keep that secret long before the recent legalization efforts. Banks, now that's a different story.
- blackguardx 10y ago
  The IRS explicitly states that you need to declare bribes and income from illegal activities [1] "Illegal activities. Income from illegal activities, such as money from dealing illegal drugs, must be included in your income on Form 1040, line 21, or on Schedule C or Schedule C-EZ (Form 1040) if from your self-employment activity." [1] https://www.irs.gov/publications/p17/ch12.html https://www.irs.gov/publications/p17/ch12.html
  - tmm 10y ago
    Also from stolen goods, unless you return them in the same year: "If you steal property, you must report its fair market value in your income in the year you steal it unless in the same year, you return it to its rightful owner."

by Drakim 10y ago

What is the legality of marijuana on the federal level in the US? I was under the impression that even if marijuana is legal on a state level you can still get in trouble for it.

Shank 10y ago

Federally, it's still illegal. However, there have been statements that they aren't prosecuting or pursuing legal action in states that have legalized it [0]. [0]: http://www.denverpost.com/2013/08/29/federal-government-wont-block-colorado-marijuana-legalization/ http://www.denverpost.com/2013/08/29/federal-government-wont... Edit: For the record, it would still block you from getting a US Government security clearance, and you can still run drug tests on employees and decline them for failing.

ethbro 10y ago
IOW: at the federal level illegal by law, ignored for recreational amounts by executive order (and thus possibly changing when a new executive branch is elected).
hackuser 10y ago
Couldn't that policy be reversed by another president? For example, a President Cruz might not like the idea. In a way, Microsoft getting involved raises the cost of changing the policy; do they want to prosecute or otherwise upset a major corporation?
- huac 10y ago
  Yes. Federal enforcement is carried out by the DOJ, which is an agency of the Executive Branch. The DOJ serves at the pleasure of the President, so while Obama chooses not to enforce this law currently, he (or the next President) could change their minds at any moment. In practice, Microsoft is betting on their lobbyists to ensure a stable regulatory climate.

pilom 10y ago

It is indeed illegal on the federal level. Currently everyone is just an executive order away from crack down on all of it. The guidance that the Obama Administration has been using is not to enforce the law in states where it has been legalized (though they have been cracking down on cases where dispensaries open within 1000 ft of a school). That said, a new president could do whatever they wanted and a crackdown would likely result in an eventual supreme court case that the states would probably lose based on current precedent.

encoderer 10y ago
I think you overstate the ease with which you go about putting toothpaste back into the tube.
- ethbro 10y ago
  http://lifehacks.stackexchange.com/questions/2221/whats-the-simplest-way-to-put-toothpaste-back-in-the-tube http://lifehacks.stackexchange.com/questions/2221/whats-the-...

joefkelley 10y ago

Yes, it's still very much illegal federally. It's still a Schedule I controlled substance. The federal banking system / IRS refuses to interact with marijuana businesses, the postal service won't mail ads for it, the DEA continues to raid growers, etc, etc. Edit: as others have pointed out, I was incorrect in lumping in the IRS with the rest of the federal banking system. The IRS does indeed accept money from marijuana businesses. There are other parts of the federal banking system that are not so "accepting", for instance: http://www.denverpost.com/2016/01/05/judge-tosses-denver-marijuana-credit-unions-suit-for-federal-approval/ http://www.denverpost.com/2016/01/05/judge-tosses-denver-mar...

tlrobinson 10y ago
> IRS refuses to interact with marijuana businesses What does that mean? Surely the IRS still wants their money? It would seem to put the IRS and marijuana businesses in an awkward position...
- ergothus 10y ago
  Pretty sure the IRS is more than willing to deal with MJ businesses - they have an entire setup to let you report "illegal" gains and even keep that secret long before the recent legalization efforts. Banks, now that's a different story.
blackguardx 10y ago
The IRS explicitly states that you need to declare bribes and income from illegal activities [1] "Illegal activities. Income from illegal activities, such as money from dealing illegal drugs, must be included in your income on Form 1040, line 21, or on Schedule C or Schedule C-EZ (Form 1040) if from your self-employment activity." [1] https://www.irs.gov/publications/p17/ch12.html https://www.irs.gov/publications/p17/ch12.html
- tmm 10y ago
  Also from stolen goods, unless you return them in the same year: "If you steal property, you must report its fair market value in your income in the year you steal it unless in the same year, you return it to its rightful owner."