Cannabis is illegal under federal law. Marijuana sits in Schedule I of the Controlled Substances Act (21 U.S.C. § 812), the strictest category, which covers drugs with no accepted medical use and high abuse potential. Hemp, defined as cannabis testing at or below 0.3% THC by dry weight, was removed from that definition by the 2018 Farm Bill and is legal to grow, ship, and sell. Federal status turns on THC content, not on the plant itself.
Is cannabis legal under federal law?
No. Federal law does not recognize state cannabis programs. A dispensary running on a state license is still breaking federal law when it sells marijuana.
The CSA sorts drugs into five schedules. Schedule I includes heroin, LSD, and marijuana. Schedules II through V allow medical use with a prescription or registration.
Federal Cannabis Laws Update: What You Need to Know
- Schedule I: no accepted medical use, high abuse potential, no prescriptions
- Schedule II: accepted medical use, severe dependence risk (oxycodone, cocaine)
- Schedule III: moderate dependence risk (ketamine, anabolic steroids)
State law is a patchwork. About half of states allow adult-use sales, and most states run a medical cannabis program. Those laws bind state police. They do not bind the DEA, the FDA, or federal prosecutors.
Hemp vs marijuana: where federal law draws the line
The 2018 Farm Bill changed the CSA definition of marijuana to exclude hemp. Hemp is cannabis with a delta-9 THC concentration of 0.3% or less. Anything above that number is marijuana under federal law.
That created a legal split. Hemp can cross state lines as an agricultural commodity. Marijuana cannot, even between two states where it is legal.
Does that make all hemp products legal?
Not quite. Hemp itself is legal, but the FDA decides what can go into food, drinks, and supplements. States can also set rules that are stricter than federal law.
What is the federal status of CBD?
CBD is legal under federal law only when it comes from hemp. CBD from marijuana remains a Schedule I substance.
- The FDA has not approved CBD as a dietary supplement or a food additive, so adding it to food and drinks is not allowed under federal rules.
- The FDA has approved one CBD drug, Epidiolex, for certain severe seizure disorders.
- State rules on CBD vary. Some states follow FDA limits for edibles; others permit CBD in food with caps.
Delta-8 THC and similar intoxicating hemp cannabinoids sit in a gray zone. The DEA's position is that delta-8 made by converting CBD is a controlled substance. Several states have banned these products.
Will marijuana be rescheduled to Schedule III?
Marijuana is still Schedule I. In 2023, the Department of Health and Human Services recommended moving it to Schedule III, and the DEA later opened a formal rulemaking on that change. That process has included public comment and administrative hearings, and no final rule has taken effect.
Rescheduling is not legalization. Schedule III would recognize medical use and remove the 280E rule that blocks cannabis businesses from taking normal tax deductions. The DEA would still regulate the industry, and unlicensed sales would still be federal crimes.
Federal cannabis law timeline
- 1970: The Controlled Substances Act places marijuana in Schedule I.
- 2014 onward: Congress uses appropriations riders to block the Justice Department from spending money to prosecute state-legal medical cannabis, but the protection must be renewed each funding cycle.
- 2018: The Farm Bill legalizes hemp and removes it from the CSA marijuana definition.
- 2020: The DEA publishes an interim final rule on hemp that keeps the 0.3% THC threshold.
- 2023 to today: Federal rescheduling review moves forward while marijuana stays in Schedule I.
What this means for CBD buyers
Check two things before you buy: the THC number on the certificate of analysis (COA) and your own state's rules. A hemp product with a passing COA is legal under federal law, but your state may still restrict it.
Lab-tested CBD with a current, batch-level COA is the safer purchase. It shows the THC concentration and confirms the product matches the label.
FAQ
Is cannabis legal under federal law in the US?
Marijuana is not legal under federal law. It stays a Schedule I controlled substance. Hemp with 0.3% THC or less is legal under the 2018 Farm Bill.
Can the DEA raid a state-legal dispensary?
Yes, in theory. Federal law still applies. In practice, appropriations riders have limited DOJ spending on medical cannabis prosecutions in states that follow their own laws, and enforcement has focused on trafficking and unlicensed operations.
Does federal law apply to CBD?
Yes. CBD from hemp is legal, but the FDA has not approved CBD in food or supplements, and states set their own retail rules.
Can I fly with CBD?
TSA's stated policy allows hemp-derived CBD products that follow federal law, though agents can refer suspicious items to local police. Rules differ by destination, and some states ban certain hemp products.
Does a state license protect me from federal charges?
No. A state license regulates state law. It does not create a defense against federal charges.
Is cannabis a Schedule I drug?
Marijuana is. Hemp is not a controlled substance under the CSA after the 2018 Farm Bill.