Lawyer I Trust Guide · General U.S. information · Reviewed September 16, 2026
The legal landscape surrounding cannabis in the United States is complex, characterized by a significant divide between federal statutes and various state-level policies. Understanding this framework requires a look at how the federal government classifies the plant and how those classifications impact research, regulation, and enforcement.
The Federal Framework and the Controlled Substances Act
At the federal level, the primary governing legislation is the Controlled Substances Act (CSA) of 1970. Under this act, the federal government has historically maintained strict control over the cultivation, distribution, and possession of marijuana. The CSA grants the Attorney General the authority to manage the scheduling of substances, which determines the level of restriction placed upon them. For decades, marijuana was classified as a Schedule I substance, a category reserved for drugs deemed to have a high potential for abuse and no currently accepted medical use in the United States.
However, the legal status of cannabis has undergone recent shifts. Federal authorities have moved to place specific products—including FDA-approved drug products containing marijuana and medicinal marijuana products subject to a qualifying state-issued license—into Schedule III. This transition is intended to facilitate medical research and provide greater clarity for patients and providers while maintaining federal oversight to prevent illicit trafficking.
Defining Cannabis and Hemp
A critical aspect of modern cannabis law is the legal distinction between “marijuana” and “hemp.” While both are derived from the Cannabis sativa L. plant, federal law distinguishes them based on their chemical composition. Under the 2018 Farm Bill, hemp is defined as cannabis containing less than 0.3% delta-9 tetrahydrocannabinol (THC) by dry weight. This distinction removes hemp and its derivatives from the strict definitions applied to marijuana under the CSA.
Conversely, the legal definition of “marijuana” remains broad, though it excludes certain parts of the plant, such as mature stalks, fibers, and seeds that are incapable of germination. These specific exclusions allow for the industrial use of cannabis components that do not contain the psychoactive properties associated with the plant’s flowers and leaves. Navigating these definitions is a fundamental part of understanding the regulatory requirements for businesses and researchers operating within the industry.
The Role of Administrative Oversight
The enforcement and regulation of cannabis are managed through administrative processes led by the Department of Justice and the Drug Enforcement Administration (DEA). These agencies are responsible for promulgating rules and procedures necessary to execute the mandates of the CSA. This includes managing the administrative hearing processes required to evaluate changes in a substance’s scheduling status.
Because these processes are formal and legally binding, they often involve public notice, comment periods, and administrative hearings. These mechanisms ensure that changes to federal drug policy are based on scientific and medical determinations, such as those provided by the Department of Health and Human Services. As the federal government continues to refine its approach to cannabis, these administrative pathways remain the primary method for balancing public safety with the evolving understanding of the plant’s medical and scientific utility.
Sources and further reading
- U.S. Department of Justice: Justice Department Places FDA-Approved Marijuana Products and Products Containing Marijuana Subject to a Qualifying State-issued License in Schedule III
- Cornell Law School Legal Information Institute: Marijuana (Wex)
- U.S. Code Title 21 § 871: Attorney General (Controlled Substances Act)
Educational information only. This guide is not legal advice. Laws and procedures vary by jurisdiction.