Figuring out marijuana laws can feel like navigating a maze. You have state and federal rules that directly conflict with one another.
In places like Oklahoma, medical marijuana is legal, but the federal government still considers it illegal. This means you could be doing everything right under state law and still run into problems with federal regulations.
Let’s take a closer look at what you need to know about federal vs. state marijuana laws
Federal Marijuana Laws
At the federal level, marijuana is still considered a Schedule I controlled substance under the Controlled Substances Act (CSA). That puts it in the same category as heroin and LSD. The federal government does not recognize any of its medicinal benefits. In this category, marijuana does not have any accepted medical use but a high potential for abuse.
Under federal law, this means possession, growing, or selling marijuana is illegal under federal law. There are no exceptions, even for medical use.
There is also no federal medical marijuana program. If you are a licensed patient in Oklahoma or another state, you are technically breaking federal law.
Also, federal law enforcement (like the DEA) could crackdown at any time. However, they usually do not go after individual users who follow state laws.
While some past administrations have eased up marijuana enforcement in states where it is legal, the law itself has not changed. In short, marijuana usage is illegal.
State Marijuana Laws
On the other hand, state laws can vary, especially when it comes to medical and recreational marijuana use. Some states have fully legalized marijuana for recreational and medical purposes. In some states, only medical marijuana is legal. For example, Oklahoma allows patients to apply for a medical marijuana license. However, recreational use is still prohibited in the state.
Many states across the U.S. have their own unique marijuana laws. Unfortunately, that creates a patchwork of regulations. Some states have opted for full legalization, allowing both medical and recreational cannabis use, while others have only allowed medical marijuana with stringent regulations. And there are some states where marijuana is still illegal.
Where Federal and Oklahoma Laws Clash
So, if medical marijuana is legal in certain states, does federal law matter? Unfortunately, yes. Even though federal agents are not raiding local dispensaries, federal laws still affect jobs, banking, gun ownership, and even where you can use marijuana.
You need to be mindful of a few conflicts with the law, such as:
- Even if you’re a legal medical marijuana patient in Oklahoma, your employer can fire you if THC is found in your system.
- Federal law also prohibits marijuana users from owning firearms.
- Most cannabis businesses face banking challenges, as federal regulations prevent banks from working with them.
- Using or possessing cannabis on federal property, such as national parks, courthouses, or military bases, is illegal, even if you’re following state laws.
Could the Laws Change?
There’s been a lot of talk about changing marijuana laws at both the federal and state levels. Over the years, there have been efforts in Congress to remove marijuana from the Schedule I list or even fully decriminalize it. For example, the MORE Act (Marijuana Opportunity Reinvestment and Expungement Act) has been introduced multiple times but hasn’t been passed yet.
Changes have also focused on banking reforms. The SAFE Banking Act is another bill that could allow cannabis businesses to use traditional banking services without fear of federal penalties. Unfortunately, it has not passed.
Learn More About How Marijuana Laws Can Affect You
When it comes to federal vs. state marijuana laws, there is a lot to know. While the state has made it easier than ever to access medical cannabis, federal law still lags behind. As a result, legal conflicts can affect jobs, banking, gun ownership, and your freedom.
However, change is always possible. The landscape of marijuana laws is constantly evolving. You can stay on the right side of the law when you are informed. If you would like to know how the state’s cannabis laws can affect you, Brune Law Firm can help. Contact us today to schedule a consultation.