Capitol Trace
State vs. Federal
How state laws interact with, conflict with, and diverge from federal legislation across major policy areas.
7
Policy Areas
21
Preemption Conflicts
50
States Differing
28
Recent Events
Marijuana
Drug Policy
Illegal under federal law (Schedule I, Controlled Substances Act). DEA still classifies cannabis alongside heroin. Biden admin rescheduled to Schedule III in 2024, but possession/sale remains federally restricted.
Summary: Schedule III (rescheduled 2024) — still federally restricted
State Positions
State Stance Breakdown
24
Permissive
16
Mixed
11
Restrictive
Notable States
First state to legalize recreational use (2012). $2.2B in total tax revenue collected.
Largest legal market. $5.3B in annual sales. Medical use legal since 1996.
No medical or recreational use. Constitutional amendment proposed to ban.
Limited CBD/low-THC medical program only. Multiple legalization bills filed but stalled.
Preemption Conflicts
Where federal and state law clash
Banking Access Crisis
OngoingFederal prohibition prevents cannabis businesses from accessing banking services. SAFE Banking Act repeatedly stalled in Congress despite bipartisan support.
Federal Employee Testing
Active conflictFederal employees in legal states still subject to drug testing and termination for cannabis use, even off-duty.
Interstate Commerce Ban
OngoingStates cannot allow cross-border cannabis sales due to federal Controlled Substances Act, creating isolated markets.
Recent Legislative Activity
DEA finalizes Schedule III reclassification rule
Florida voters reject recreational legalization (Amendment 3 fails)
Ohio begins recreational sales after 2023 ballot measure
SAFE Banking Act reintroduced in 119th Congress
Historical Context
Cannabis was widely used medicinally in the US until the Marihuana Tax Act of 1937. The Controlled Substances Act of 1970 classified it as Schedule I. California became the first state to legalize medical use in 1996 with Proposition 215. Colorado and Washington legalized recreational use in 2012, beginning a wave of state-level legalization that now covers nearly half the country.