Marijuana Law: Ohio and Federal: Federal Laws

Defines The term “hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis. This is why delta-9 and delta -8, with less than .3% concentration of thc, are legal federally.

Controlled Substances Act

Marijuana is listed as a controlled substance.

Penalties for possession

Importation of controlled substances

It is unlawful for an user of any controlled substance to to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

No deduction or credit shall be allowed for any amount paid or incurred during the taxable year in carrying on any trade or business if such trade or business (or the activities which comprise such trade or business) consists of trafficking in controlled substances (within the meaning of schedule I and II of the Controlled Substances Act) which is prohibited by Federal law or the law of any State in which such trade or business is conducted.

New law on 12/2/22 Because of the classification of cannabis as a Schedule I drug, scientists and growers supplying cannabis for research must obtain permits from the Drug Enforcement Administration (DEA). Such permits have been taking over a year to obtain, but the new law specifies that within 60 days the DEA must approve a permit application, request more information, or provide reasons for denying a permit. Other provisions of the new law require the attorney general to submit an annual report to Congress assessing whether there is an adequate and uninterrupted supply of DEA-controlled marijuana for research; allow physicians to discuss potential harms and benefits of marijuana and its derivatives with patients; and require the Department of Health and Human Services to report on the therapeutic potential of marijuana for various conditions.

Whitehouse.gov 10/6/22

Whitehouse.gov 12/22/23

Justice Dept website 5/16/24. From Schedule 1 to Schedule 3

FinCen Guidance 2/14/13

Until marijuana is legalized federally, firearms owners and possessors should be mindful that it remains federally illegal to mix marijuana with firearms and ammunition.

5th Cir. says 18 U.S.C. § 922(g)(3), which prohibits drug users from obtaining a firearm, is unconstitutional.

The Hill 3/30/24

Congressional Research Service Report 3/10/21

The Hill 12/17/22

Libguide from Northeastern School of Law Library

Politico 12/23/23

AP 4/30/24

CBS News 3/5/24

Domestic Hemp Production Program

Schedule of controlled substances

HR 1996 - this proposed federal law generally prohibits a federal banking regulator from penalizing a depository institution for providing banking services to a legitimate cannabis-related business.

USA Today 12/22/22 - The Safe Banking Act was not included.

Ohio Capital Journal 12/9/22 The Safe Banking Act will not pass in 2022.

CNN 4/26/23