United States — Federal

Medical cannabis is prohibited in United States — Federal. Severe criminal penalties may apply for possession, use, or trafficking.

Cannabis remains a Schedule I controlled substance under the Controlled Substances Act (CSA), classified alongside heroin and LSD. In May 2024, the DEA proposed rescheduling cannabis to Schedule III following an HHS recommendation, but as of April 2026 the rulemaking remains pending after receiving over 42,000 public comments and no final rule has been issued. The 2018 Farm Bill legalized hemp (below 0.3% THC) under USDA oversight, and the FDA has approved one cannabis-derived drug (Epidiolex). IRS Section 280E continues to deny standard business deductions to state-legal cannabis operators. The SAFE Banking Act, which would protect financial institutions serving cannabis businesses, has not advanced in the current Congress. FinCEN requires banks to file Suspicious Activity Reports for cannabis-related transactions, and USPS prohibits mailing cannabis products. This is a synthetic overlay entity representing federal policy that applies across all US jurisdictions.

Ask the Expert about United States — Federal

Regulator

Drug Enforcement Administration

Key Legislation

Controlled Substances Act, 21 U.S.C. § 801 et seq.

Year Legalized

N/A — prohibited federally

Program Size

N/A — no federal program

Key Facts

Cannabis is Schedule I under the CSA; DEA rescheduling to Schedule III proposed May 2024 but no final rule issued as of April 2026
2018 Farm Bill legalized hemp (<0.3% THC) under USDA regulation, creating a distinct legal category from marijuana
IRS Section 280E denies standard business deductions to cannabis businesses, significantly increasing effective tax rates
FinCEN guidance requires banks to file SARs for cannabis clients; SAFE Banking Act has not passed Congress
FDA has approved Epidiolex (cannabidiol) for epilepsy but has not established a regulatory pathway for CBD in food or supplements

Key Legislation

Controlled Substances Act, 21 U.S.C. § 801 et seq.

Regulatory Body

Drug Enforcement Administration (DEA) / Food and Drug Administration (FDA)

Country Info

ISO Code

Region

North America

Tier

Tier 4 — Prohibited

Status

Federally Prohibited — Schedule I

Sources

DEA Notice of Proposed Rulemaking — Cannabis Rescheduling FDA — Cannabis and Cannabis-Derived Compounds Agriculture Improvement Act of 2018 (Farm Bill)IRS — Section 280E Guidance for Cannabis Businesses

Disclaimer: This information is for general reference only and does not constitute legal advice. Cannabis regulations change frequently. Always verify with official sources and local legal counsel before making compliance decisions.