Chapter 8, 1996 – November 2026, 13 min read
The Great Reversal: Medical, Legal and Now
How one 1996 California ballot became 24 adult-use states and laws from Canada to Germany, and what the April 2026 Schedule III order does and does not change.
By Professor High · Updated
- 1 Before People 28 million years ago – 10,000 BCE
- 2 First Farmers 10,000 – 2000 BCE
- 3 Smoke and Spirit 2000 BCE – 500 CE
- 4 Hashish and Hemp 500 – 1800
- 5 The Medicine Cabinet 1800 – 1900
- 6 Prohibition 1900 – 1961
- 7 Underground 1961 – 1995
- 8 The Great Reversal 1996 – November 2026
Between 1996 and November 2026, one California ballot measure grew into medical programs in 41 states and adult-use laws in 24 states and Washington, D.C. It then spread to Montevideo, Ottawa, Berlin and Prague. Federal law has not followed. As of November 9, 2026, most marijuana is still Schedule I. Only FDA-approved products and marijuana handled under a state medical license sit in Schedule III.
That gap is the story of this chapter. States and countries changed their laws one vote at a time. The federal government changed its enforcement habits, then its paperwork, then (in part) its schedule. State totals follow the National Conference of State Legislatures (NCSL), because trackers define “program” differently. Four start years follow the enacting statute instead.
How did one California ballot start the medical wave?
On November 5, 1996, California voters approved Proposition 215 by 5,382,915 votes to 4,301,960, or 55.58% (California Secretary of State). The measure became the Compassionate Use Act of 1996. Its text promised that “seriously ill Californians” would have “the right to obtain and use marijuana for medical purposes” when a physician recommended it (Health and Safety Code 11362.5). California’s cannabis regulator calls it the first law of its kind: “California became the first state to allow medicinal cannabis use when voters passed the Compassionate Use Act in 1996” (Department of Cannabis Control).
Nov 5, 1996, California
California passes Proposition 215
Voters approve the Compassionate Use Act by 55.58%. It lets seriously ill patients use marijuana on a doctor's recommendation. California's cannabis regulator calls it the first state law of its kind.
Sources (5)
- California Secretary of State, votes for and against statewide measures, Nov 5, 1996
- California Health and Safety Code 11362.5
- California Department of Cannabis Control, California's cannabis laws
- California Department of Public Health, MMICP FAQs
- NCSL, State Medical Cannabis Laws (updated 2026-09-02)
Other states walked through that door. Alaska, Oregon and Washington passed medical measures in 1998, Maine in 1999, and Colorado, Nevada and Hawaii in 2000 (NCSL). Each wrote its own rules, so one state’s “medical program” looked nothing like the next.
Federal law still banned all of it. On October 19, 2009, Deputy Attorney General David Ogden told selected US attorneys that federal priorities did not call for focusing resources on “individuals whose actions are in clear and unambiguous compliance with existing state laws providing for the medical use of marijuana.” He called prosecuting patients “unlikely to be an efficient use of limited federal resources.” The same memo said the department “is committed to the enforcement of the Controlled Substances Act in all States” (Ogden memo). A memo is guidance, not a statute.
Oct 19, 2009, Washington, D.C.
Ogden memo eases medical-marijuana enforcement
Deputy Attorney General David Ogden tells prosecutors that pursuing patients who clearly follow state medical laws is unlikely to be an efficient use of federal resources. The memo is guidance, and it keeps enforcing the Controlled Substances Act.
Sources (1)
Congress added a firmer shield in 2014. Section 538 of the fiscal 2015 spending law, signed on December 16, 2014, barred the Justice Department from using its funds to stop 33 listed jurisdictions “from implementing their own State laws that authorize the use, distribution, possession, or cultivation of medical marijuana” (Public Law 113-235; court filing quoting section 538). People call it the Rohrabacher–Farr amendment, and Congress repeated it in later spending laws. The Congressional Research Service notes that the rider “does not restrict federal enforcement actions for conduct that is in compliance with state recreational marijuana laws” (CRS LSB10054).
Dec 16, 2014, Washington, D.C.
Congress shields state medical programs
Section 538 of the 2015 spending law bars Justice Department funds from blocking 33 listed jurisdictions' medical-marijuana laws. Congress repeated it in later bills. It does not cover state adult-use laws.
Why did Colorado and Washington change the game?
On November 6, 2012, voters in two states did what no state had done. Colorado’s Amendment 64 passed with 55% of the vote (Colorado Department of Public Safety). Washington’s Initiative 502 was approved the same day (Revised Code of Washington). Both created licensed, taxed adult markets.
Nov 6, 2012, Denver, Colorado, and Olympia, Washington
Colorado and Washington vote for adult-use markets
Colorado's Amendment 64 wins about 55% of the vote. Washington's Initiative 502 passes the same day. Both states create licensed, taxed markets for adults.
Would the federal government shut them down? On August 29, 2013, Deputy Attorney General James Cole answered with eight enforcement priorities, such as keeping marijuana from minors and keeping its revenue from cartels. His memo said its guidance “rests on its expectation” that states would “implement strong and effective regulatory and enforcement systems” (Cole memo).
Aug 29, 2013, Washington, D.C.
Cole memo sets eight enforcement priorities
Deputy Attorney General James Cole lists eight priorities, such as keeping marijuana from minors and revenue from cartels. The guidance rests on states running strong and effective regulatory and enforcement systems.
The first licensed stores opened soon after. Colorado’s opened on January 1, 2014 (Colorado Department of Public Safety). Washington State’s opened on July 8, 2014, a day after the state issued its first 25 retail licenses (TIME; The New York Times). Here the dispensary stopped being a medical waiting room and became a shop on the street, with a menu and a line out the door.
Jan 1 and Jul 8, 2014, Denver, Colorado, and Washington State
The first licensed adult-use stores open
Licensed stores open in Colorado on January 1, 2014. Washington State's open on July 8, 2014, a day after the state issues its first 25 retail licenses.
The wave rolled on. According to NCSL, Alaska, Oregon and Washington, D.C. acted in 2014, and California, Maine, Massachusetts and Nevada in 2016. Michigan and Vermont followed in 2018, Illinois in 2019, and Arizona, Montana and New Jersey in 2020. Connecticut, New Mexico, New York and Virginia came in 2021, Maryland, Missouri and Rhode Island in 2022, and Delaware, Minnesota and Ohio in 2023. That makes 24 states plus D.C. as of November 9, 2026. Virginia is a gray case: adult possession and home growing have been legal since 2021, but no shops have opened. In June 2026, Governor Abigail Spanberger and legislators agreed on a plan for retail sales to start on July 1, 2027, with up to 350 licenses (Virginia governor’s office; VPM).
In 2026: 24 states and DC with adult use, 17 more with medical use only.
Nations by 2026
- Portugal, 2001: decriminalized
- Uruguay, 2013: national adult-use
- Canada, 2018: national adult-use
- South Africa, 2018: decriminalized
- Mexico, 2021: decriminalized
- Malta, 2021: national adult-use
- Luxembourg, 2023: national adult-use
- Germany, 2024: national adult-use
- Czechia, 2025: national adult-use
- Thailand, 2025: medical
States and years, as a list
- Alabama: medical 2021
- Alaska: medical 1998, adult use 2014
- Arizona: medical 2010, adult use 2020
- Arkansas: medical 2016
- California: medical 1996, adult use 2016
- Colorado: medical 2000, adult use 2012
- Connecticut: medical 2012, adult use 2021
- Delaware: medical 2011, adult use 2023
- District of Columbia: medical 2010, adult use 2014
- Florida: medical 2016
- Georgia: medical 2026
- Hawaii: medical 2000
- Illinois: medical 2013, adult use 2019
- Kentucky: medical 2023
- Louisiana: medical 2015
- Maine: medical 1999, adult use 2016
- Maryland: medical 2013, adult use 2022
- Massachusetts: medical 2012, adult use 2016
- Michigan: medical 2008, adult use 2018
- Minnesota: medical 2014, adult use 2023
- Mississippi: medical 2022
- Missouri: medical 2018, adult use 2022
- Montana: medical 2004, adult use 2020
- Nebraska: medical 2024
- Nevada: medical 2000, adult use 2016
- New Hampshire: medical 2013
- New Jersey: medical 2010, adult use 2020
- New Mexico: medical 2007, adult use 2021
- New York: medical 2014, adult use 2021
- North Dakota: medical 2016
- Ohio: medical 2016, adult use 2023
- Oklahoma: medical 2018
- Oregon: medical 1998, adult use 2014
- Pennsylvania: medical 2016
- Rhode Island: medical 2006, adult use 2022
- South Dakota: medical 2020
- Texas: medical 2025
- Utah: medical 2018
- Vermont: medical 2004, adult use 2018
- Virginia: medical 2020, adult use 2021
- Washington: medical 1998, adult use 2012
- West Virginia: medical 2017
Medical Adult use
The map does not only grow. On November 3, 2026, Massachusetts voters faced Question 8, which would have repealed the state’s retail cannabis industry. About 76% voted no, in a count that was not yet certified (STAT). The same day, nearly two-thirds of Idaho voters rejected HJR 4, which would have given the legislature sole power to legalize any drug (Forbes).
Federal enforcement swung too. On January 4, 2018, Attorney General Jeff Sessions wrote that “previous nationwide guidance specific to marijuana enforcement is unnecessary and is rescinded, effective immediately” (Sessions memo). That ended the Cole memo’s safe harbor and gave each US attorney more room to decide. The medical-program rider was still in force (CRS LSB10054).
Jan 4, 2018, Washington, D.C.
Sessions rescinds the Cole memo
Attorney General Jeff Sessions rescinds earlier nationwide marijuana guidance, effective immediately. US attorneys get more room to decide. The medical-program spending rider was still in force.
What did the 2018 Farm Bill do to hemp?
It opened a loophole big enough to drive a delta-8 truck through. The Agriculture Improvement Act became law on December 20, 2018 (Public Law 115-334). It defined hemp as cannabis with a delta-9 THC concentration “of not more than 0.3 percent on a dry weight basis” (CRS IF13136). Farmers could grow hemp again. The Congressional Research Service says some readers took the wording to allow products rich in other psychoactive compounds, the “so-called ‘farm bill loophole.’” It describes delta-8 THC products sold as gummies, drinks and candies.
Dec 20, 2018, Washington, D.C.
The 2018 Farm Bill redefines hemp
The Agriculture Improvement Act defines hemp by a delta-9 THC limit of 0.3% by dry weight. Farmers can grow hemp again. Some readers use the wording to sell other intoxicating cannabinoids, such as delta-8.
Congress moved to close the loophole in a spending law enacted on November 12, 2025. Public Law 119-37 redefined hemp by “a total tetrahydrocannabinols concentration (including tetrahydrocannabinolic acid) of not more than 0.3 percent.” It also excluded final products with “greater than 0.4 milligrams combined total per container” (H.R. 5371 text). The new definition took effect 365 days later, on November 12, 2026.
Then a stopgap spending law moved most of that date. H.R. 6500, the Continuing Appropriations and Extensions Act, 2027, became Public Law 119-103 on September 2, 2026. The Senate had passed it 90 to 6, and the House 370 to 48 (Congress.gov). Its extension clause says that until December 11, 2026, the new hemp rules “shall only apply” to products in two paragraphs of the definition (H.R. 6500 text). Those paragraphs cover intermediate and final products with cannabinoids “not capable of being naturally produced” by the plant, which the Congressional Research Service calls “certain synthetic cannabinoids.” Everything else waits, including the 0.3% total-THC test and the 0.4 mg container cap.
So the dates split. November 12, 2026: products with cannabinoids the plant cannot make leave the hemp definition. December 11, 2026: the rest of the rewrite applies unless Congress acts again. One gray area remains. Lab-made delta-8 is a cannabinoid the plant can make, but made “outside the plant.” On the text’s face, it waits until December 11. Other readings exist, and as of the Congressional Research Service’s September 28, 2026 update, FDA had not published the cannabinoid lists the law asked for. Our guide to the November 12 and December 11 dates covers each bucket, and nine hemp bills would change the outcome if any passed.
Nov 12 and Dec 11, 2026, Washington, D.C.
Hemp redefinition takes effect in two steps
Public Law 119-103 splits the 2025 hemp rewrite. Products with cannabinoids the plant cannot make leave hemp on Nov 12, 2026. The total-THC and 0.4 mg-per-container rules apply on Dec 11 unless Congress acts.
How did the federal government move from pardons to Schedule III?
Slowly, then in one narrow step. On October 6, 2022, President Joe Biden announced “a pardon of all prior Federal offenses of simple possession of marijuana.” He urged governors to do the same for state offenses. He also asked the health secretary and the attorney general “to initiate the administrative process to review expeditiously how marijuana is scheduled under federal law” (White House statement). In August 2023, the Department of Health and Human Services recommended Schedule III. On May 21, 2024, the Justice Department proposed the move (Federal Register).
On December 18, 2025, an executive order told the attorney general to “take all necessary steps to complete the rulemaking process related to rescheduling marijuana to Schedule III” (Executive Order 14370).
What came next was not full rescheduling. Acting Attorney General Todd Blanche signed a final order on April 22, 2026. It was published on April 28 as 91 FR 22714 (AG Order No. 6754-2026) and took effect that day. It placed two things in Schedule III: marijuana in an FDA-approved drug product, and marijuana “subject to a state medical marijuana license.” The rule leaves no doubt about the rest: “any form of marijuana other than in an FDA-approved drug product or marijuana subject to a state medical marijuana license remains a schedule I controlled substance” (Federal Register). Synthetic THC stays in Schedule I. The rule says holders of state medical licenses “will no longer be subject” to the tax deduction ban in Section 280E. Then it adds: “Nothing in this rule constitutes a determination regarding federal tax liability.”
Apr 28, 2026, Washington, D.C.
Partial Schedule III order published
AG Order No. 6754-2026 (91 FR 22714) places FDA-approved marijuana products and marijuana under a state medical license in Schedule III. Every other form of marijuana remains in Schedule I.
Myth check False
The claim: “Marijuana is Schedule III now, so it is legal.”
The April 2026 order moved only FDA-approved products and marijuana under a state medical license. The rule says any other form of marijuana remains a Schedule I controlled substance. Even Schedule III products need DEA registration, so the order is a classification change, not legalization.
Sources (1)
The broader 2024 proposal has its own track. In April 2026, DEA proposed withdrawing the earlier hearing process (FR document 2026-08178) and issued a new notice of hearing (91 FR 22777), which set the hearing for June 29 in Arlington, Virginia (DEA). On September 29, Chief Administrative Law Judge Derek C. Julius stayed the case after three opponents of rescheduling asked to add a Government Accountability Office report to the record (NORML; Cannabis Business Times). By October 22, 2026, he had admitted the report, refused to reopen the hearing, and set briefs for October 29 and replies for November 5 (NORML). Both sides filed their last briefs on November 5, and DEA asked the judge to “expeditiously recommend” Schedule III (Marijuana Moment). As of November 9, we found no recommendation and no decision date. After the judge writes one, the DEA administrator decides. Our rescheduling explainer and pause tracker track the details.
Which countries changed course?
Portugal went first, in a smaller way. Law 30/2000 made the use, purchase and possession of drugs for personal use an administrative offense instead of a crime. It took effect on July 1, 2001 (Diário da República). Portugal did not legalize cannabis. It moved personal cases out of the criminal courts.
Jul 1, 2001, Lisbon, Portugal
Portugal decriminalizes personal drug use
Law 30/2000 makes use, purchase and possession of drugs for personal use an administrative offense, not a crime. It does not legalize sales. It takes effect on July 1, 2001.
Sources (1)
Uruguay went further. Its Senate approved Law 19.172 on December 10, 2013, and President José Mujica enacted it on December 20. The Transnational Institute, a research group, calls Uruguay the first country to regulate cannabis at every stage of production and use (TNI). The state’s cannabis agency opened its buyer registry on May 2, 2017, for adults who are Uruguayan citizens or permanent residents (IRCCA).
Dec 20, 2013, Montevideo, Uruguay
Uruguay regulates cannabis nationally
Law 19.172 passes the Senate on December 10 and is enacted on December 20. It sets up a state-regulated market. Buyers register, and only citizens and permanent residents can. A research group calls Uruguay first.
Canada followed. The Cannabis Act got Royal Assent on June 21, 2018, and an order fixed October 17, 2018 as the day it took effect (Canada Gazette). Press reports called it the second nation to legalize (The Week).
Oct 17, 2018, Ottawa, Canada
Canada legalizes cannabis nationwide
The Cannabis Act gets Royal Assent on June 21, 2018. An order sets October 17, 2018 as the day it takes effect. Press reports call Canada the second country to legalize nationally.
Courts did some of the work where legislatures did not. On September 18, 2018, South Africa’s Constitutional Court declared the ban invalid “to the extent that” it made the use or possession of cannabis in private by an adult for personal consumption a crime. It reached private cultivation too (SAFLII). On June 28, 2021, Mexico’s Supreme Court struck down the limits that let authorities approve self-use only for medical and scientific purposes. It also said any authorization can never include permission to import, trade or supply, so the ruling created no retail market (SCJN).
The treaties noticed. On December 2, 2020, the UN Commission on Narcotic Drugs voted 27 to 25, with one abstention, to remove cannabis from Schedule IV of the 1961 Single Convention. Cannabis stayed in Schedule I (UN News).
Several European laws legalized the garden, not the shop. Luxembourg’s law, in force since July 21, 2023, allows up to four plants per household, grown from seed at home (Luxembourg health portal). Czech Act 270/2025, in force since January 1, 2026, lets adults 21 and older grow three plants and hold 100 grams at home (Zákony pro lidi; Radio Prague; Expats.cz). Switzerland takes a third path. People who already use cannabis and live in the canton can join pilot trials under an ordinance in force since May 15, 2021 (Fedlex).
Germany drew the most attention. Its law took effect on April 1, 2024, and cultivation clubs started on July 1, 2024 (Bavarian health office). Adults may carry 25 grams, keep 50 grams at home, and grow three plants. Clubs cap membership at 500 and may pass cannabis only to their members (Federal Ministry of Health). The ministry’s page, last changed September 4, 2026, still shows those rules and lists evaluation reports due October 1, 2025 and April 1, 2026. In October 2025, Germany’s cabinet approved a plan to require an in-person doctor visit for medical cannabis and ban mail-order delivery (Reuters). We could not confirm that the Bundestag has passed it.
Apr 1, 2024, Berlin, Germany
Germany legalizes personal use and clubs
Germany's Cannabis Act takes effect April 1, 2024: 25 g in public, 50 g at home, three plants. Cultivation clubs start July 1, 2024. There are no shops. Evaluation reports are due October 1, 2025 and April 1, 2026.
Thailand shows the road can bend back. It removed cannabis from its narcotics list on June 9, 2022 (Reuters). In June 2025, the health ministry banned recreational sales and required a doctor’s prescription for any retail purchase (Reuters). The order took effect on June 26. The Nation reported on July 12, 2026 that buds may be sold only against a prescription of no more than 30 days (The Nation).
Jun 9, 2022 to Jun 26, 2025, Bangkok, Thailand
Thailand legalizes, then reverses
Thailand removes cannabis from its narcotics list on June 9, 2022. On June 26, 2025, a health-ministry order bans recreational sales and requires a prescription. The Nation reported on July 12, 2026 that buds need a prescription of 30 days or less.
What changed inside the jar and the dispensary?
The product changed as fast as the law. The University of Mississippi’s potency monitoring program, funded by the National Institute on Drug Abuse, tests cannabis seized by US law enforcement. A 2016 paper on 38,681 samples found that the potency of illicit plant material rose “from ~4% in 1995 to ~12% in 2014” (ElSohly et al. 2016). A 2019 paper from the same program found mean delta-9 THC rising “from 8.9% in 2008 to 17.1% in 2017” (Chandra et al. 2019). In that paper, concentrates grew from 0.5% to 4.7% of seized samples, and their mean THC ranged from 6.7% to 55.7%.
2017: 17.1% THC
Read with care. These are averages of cannabis seized by US law enforcement and sent to the University of Mississippi Potency Monitoring Program. They are not a sample of what legal stores sell, and the two papers use different sample sets, so read the line as a trend, not a measurement. The number of samples received fell sharply in the 2010s as states legalized, which makes the later years less representative still. Mean values hide a wide spread between samples. Source: University of Mississippi Potency Monitoring Program: ElSohly et al. 2016 (Biological Psychiatry) and Chandra et al. 2019 (European Archives of Psychiatry and Clinical Neuroscience)
Data table
| Year | THC (%) |
|---|---|
| 1995 | 4 |
| 2008 | 8.9 |
| 2014 | 12 |
| 2017 | 17.1 |
Read those lines with care. The lab tests what police seize. The 2019 paper says the number of samples “decreased dramatically” as states legalized, and the two papers use different sample sets. A correction notice fixed a table in the 2019 paper, not its headline numbers (correction). The honest summary is “the trend points up,” not “everything on the shelf is four times stronger.”
1995 to 2017, Oxford, Mississippi
Seized-sample potency climbs from about 4% to 17%
University of Mississippi papers track THC in cannabis seized by US law enforcement: about 4% in 1995, about 12% in 2014, and 17.1% in 2017. The samples are not store shelves, and later years have far fewer samples.
Myth check Exaggerated
The claim: “Weed is four times stronger than it was in 1995.”
Seized-sample averages were about 4% in 1995 and about 12% in 2014 (ElSohly 2016). A different sample set gave 17.1% in 2017 (Chandra 2019). Seizures are not store shelves, and sample counts fell as states legalized. The trend points up. The multiple does not carry over.
Sources (2)
Sports leagues changed their rules too, but not in a straight line. Baseball’s joint drug program removed natural cannabinoids, including THC, CBD and marijuana, from its list of Drugs of Abuse, starting with 2020 spring training (MLB). The NBA’s 2023 labor agreement lists no marijuana or THC among its prohibited drugs of abuse, but it bars marijuana use at team facilities (NBA agreement text). Olympic sport went the other way. In 2021, sprinter Sha’Carri Richardson lost her place in the Tokyo 100 meters after a positive THC test (NPR). For 2023, the World Anti-Doping Agency kept THC on its list after finding that “the Use of THC In-competition violates the Spirit of Sport” (USADA).
Myth check False
The claim: “The World Anti-Doping Agency dropped THC from its banned list in 2023.”
For 2023, WADA reviewed THC and kept it, finding that use in competition violates the Spirit of Sport. For 2027, USADA says the list prohibits only the psychoactive components of cannabis in competition. THC stays covered. CBD is not prohibited.
What is still open?
Four big questions remain. Each one has a date or a document attached.
| Question | Where it stands as of November 9, 2026 |
|---|---|
| Federal status | Schedule III covers FDA-approved products and marijuana under a state medical license. Other marijuana is Schedule I. The broader hearing’s briefing closed November 5, and the judge’s recommendation is pending. |
| Banking | Two SAFE Banking Act bills were introduced in June 2026. S. 4942 sits in the Senate Banking Committee, and H.R. 9471 sits in three House committees: Financial Services, Judiciary, and Veterans’ Affairs (Congress.gov). The April rule does not mention banks. |
| Interstate commerce | The April rule does not mention interstate commerce. A DEA registration under it “shall not exceed the scope of the holder’s state medical marijuana license.” |
| Research access | The rule says researchers who get marijuana from a state licensee face no federal liability for that reason, if they hold the right DEA registration and the licensee held a valid federal registration. The December 2025 order also called for more medical marijuana and CBD research. |
Federal status has a clock. After the judge sends his recommendation, the DEA administrator decides, and lawsuits over the April rule are in court. Nothing in this process legalizes marijuana for adult use. The April rule gives businesses with state medical licenses an expedited DEA registration path, so Schedule III still means federal paperwork (Federal Register).
Banking is the quiet one: Congress has not passed a fix. Interstate commerce is the sleeper. Each state market stays separate so far, because the April rule says nothing about trade across state lines and ties each registration to one state license. Research access has one new path in the rule.
Here is what is solid enough to plan around. November 12, 2026: hemp products with cannabinoids the plant cannot make leave the hemp definition. December 11, 2026: the rest of the hemp rewrite applies unless Congress changes it. January 1, 2027: the World Anti-Doping Agency’s updated list takes effect, and the US Anti-Doping Agency says it prohibits “only the psychoactive components of cannabis” in competition (USADA). July 1, 2027: Virginia’s planned shop opening. No date exists yet for the judge’s recommendation.
Check your understanding
3 questions. Pick an answer in your head, then open the question to check it.
1 Which marijuana did the April 2026 federal order move to Schedule III?
- AAll marijuana
- BFDA-approved products and marijuana under a state medical license
- COnly hemp-derived products
Answer: B. FDA-approved products and marijuana under a state medical license
The rule says every other form of marijuana remains a Schedule I controlled substance.
2 Which two states opened the first licensed adult-use stores in 2014?
- ACalifornia and Oregon
- BColorado and Washington
- CAlaska and Nevada
- DMassachusetts and Maine
Answer: B. Colorado and Washington
Colorado's stores opened January 1, 2014. Washington State's opened July 8, 2014.
3 What do the 4% to 17% potency numbers measure?
- ATHC in cannabis sold in legal stores
- BTHC in cannabis seized by US law enforcement and tested by one lab program
- CTHC in every joint smoked in the US
Answer: B. THC in cannabis seized by US law enforcement and tested by one lab program
The samples are seizures. They show a trend, not what stores sell.
0 of 3 answered
That is the end of the road, from a Tibetan plateau 28 million years ago to a hearing room in Arlington. The story keeps running. Test a claim on the myths page, or scan the full timeline and follow each source.
Go deeper
- Schedule III Cannabis: What the April 2026 Rule Actually Covers The April 2026 DEA rule put FDA-approved and state-licensed medical marijuana in Schedule III. Adult-use cannabis stayed Schedule I.
- DEA Marijuana Rescheduling Paused: What It Means Marijuana rescheduling update: DEA answered the bid to reopen its hearing on October 20. The hearing is still paused, and weed is not Schedule III yet.
- Federal Hemp THC Ban: Nov 12 vs Dec 11, 2026 Most federal hemp THC rules now take effect December 11, 2026. Cannabinoids the plant cannot make, such as THC-O, still change on November 12.
- Can a President Legalize Marijuana? Three Levers, One Wall No. A president can push rescheduling, set enforcement priorities and pardon federal possession, but no order can end the federal marijuana ban. Here is why.
- Germany's Cannabis Law: What 2026 Looks Like Two Years In Two years after the CanG law passed, Germany's bold cannabis experiment reveals surprising data, a medical market boom, and a tense political standoff.
Sources
Every placard and myth check in this chapter cites at least one of these. We rate how sure each claim is on its placard.
- California Secretary of State, votes for and against statewide measures, Nov 5, 1996 Cited for: California passes Proposition 215
- California Health and Safety Code 11362.5 Cited for: California passes Proposition 215
- California Department of Cannabis Control, California's cannabis laws Cited for: California passes Proposition 215
- California Department of Public Health, MMICP FAQs Cited for: California passes Proposition 215
- NCSL, State Medical Cannabis Laws (updated 2026-09-02) Cited for: California passes Proposition 215
- Ogden memorandum, Oct 19, 2009 (justice.gov) Cited for: Ogden memo eases medical-marijuana enforcement
- Colorado Department of Public Safety, Impacts of Marijuana Legalization in Colorado (2025) Cited for: Colorado and Washington vote for adult-use markets; The first licensed adult-use stores open
- Revised Code of Washington 69.50.325 (Initiative 502, approved Nov 6, 2012) Cited for: Colorado and Washington vote for adult-use markets
- Washington Legislature, A Legislator's Guide to Washington's Marijuana Laws Cited for: Colorado and Washington vote for adult-use markets
- Cole memorandum, Guidance Regarding Marijuana Enforcement (justice.gov PDF) Cited for: Cole memo sets eight enforcement priorities
- Mass.gov, Banking for marijuana-related businesses (gives the Aug 29, 2013 date) Cited for: Cole memo sets eight enforcement priorities
- Washington Department of Financial Institutions, copy of the Department of Justice memo Cited for: Cole memo sets eight enforcement priorities
- TIME, Where to buy legal pot in Washington (July 8, 2014) Cited for: The first licensed adult-use stores open
- The New York Times, Sales of recreational marijuana begin in Washington State (July 9, 2014) Cited for: The first licensed adult-use stores open
- Public Law 113-235, Dec 16, 2014 Cited for: Congress shields state medical programs
- Court order quoting section 538 (E.D. Cal., govinfo.gov) Cited for: Congress shields state medical programs
- CRS Legal Sidebar LSB10054, Jan 10, 2018 Cited for: Congress shields state medical programs; Sessions rescinds the Cole memo
- Sessions memorandum, Jan 4, 2018 (justice.gov) Cited for: Sessions rescinds the Cole memo
- Congress.gov, H.R. 2, Agriculture Improvement Act of 2018 (Public Law 115-334, Dec 20, 2018) Cited for: The 2018 Farm Bill redefines hemp
- CRS In Focus IF13136, Changes to the Statutory Definition of Hemp Cited for: The 2018 Farm Bill redefines hemp; Hemp redefinition takes effect in two steps; Congress rewrites the hemp definition
- Congress.gov, H.R. 6500 actions (Public Law 119-103, Sept 2, 2026) Cited for: Hemp redefinition takes effect in two steps
- Congress.gov, H.R. 6500 text (Section 781 extension) Cited for: Hemp redefinition takes effect in two steps
- Congress.gov, H.R. 5371 text (Public Law 119-37, Section 781) Cited for: Hemp redefinition takes effect in two steps; Congress rewrites the hemp definition
- Federal Register, 91 FR 22714 (Apr 28, 2026; signed Apr 22, 2026) Cited for: Partial Schedule III order published; Myth: Marijuana is Schedule III now, so it is legal.
- DEA, Marijuana Rescheduling Regulatory Actions Cited for: Partial Schedule III order published; DEA hearing on the 2024 proposal reaches final briefs
- Diário da República, Law 30/2000 (consolidated) Cited for: Portugal decriminalizes personal drug use
- Transnational Institute, About drug law reform in Uruguay Cited for: Uruguay regulates cannabis nationally
- IMPO, Law 19.172 (original text) Cited for: Uruguay regulates cannabis nationally
- IRCCA, where and how to register Cited for: Uruguay regulates cannabis nationally
- The Week, Canada becomes second nation to legalise cannabis Cited for: Uruguay regulates cannabis nationally; Canada legalizes cannabis nationwide
- Canada Gazette, SI/2018-52, order fixing October 17, 2018 Cited for: Canada legalizes cannabis nationwide
- Reuters, Thailand legalises growing, consumption of marijuana (June 9, 2022) Cited for: Thailand legalizes, then reverses
- Reuters, Thailand moves to recriminalise cannabis (June 25, 2025) Cited for: Thailand legalizes, then reverses
- The Nation, Cannabis buds remain prescription-only (July 12, 2026) Cited for: Thailand legalizes, then reverses
- Bavarian State Office for Health, Konsumcannabisgesetz Cited for: Germany legalizes personal use and clubs
- German Federal Ministry of Health, FAQ on the Cannabis Act (changed Sept 4, 2026) Cited for: Germany legalizes personal use and clubs
- Reuters, Germany restricts online cannabis sales (Oct 8, 2025) Cited for: Germany legalizes personal use and clubs
- ElSohly et al. 2016, Biological Psychiatry Cited for: Seized-sample potency climbs from about 4% to 17%; Myth: Weed is four times stronger than it was in 1995.
- ElSohly et al. 2016, author manuscript (PMC) Cited for: Seized-sample potency climbs from about 4% to 17%
- Chandra et al. 2019, Eur Arch Psychiatry Clin Neurosci Cited for: Seized-sample potency climbs from about 4% to 17%; Myth: Weed is four times stronger than it was in 1995.
- Correction to Chandra et al. 2019 Cited for: Seized-sample potency climbs from about 4% to 17%
- UN News, Dec 2, 2020 Cited for: UN commission removes cannabis from Schedule IV
- White House statement, Oct 6, 2022 Cited for: Biden pardons federal simple-possession offenses
- Federal Register, 89 FR 44597 (May 21, 2024) Cited for: HHS recommends Schedule III; Justice Department proposes Schedule III
- White House, Executive Order 14370 (Dec 18, 2025) Cited for: Executive Order 14370 on rescheduling
- Zákony pro lidi, Act 270/2025 Sb. Cited for: Czechia allows home growing
- Radio Prague International Cited for: Czechia allows home growing
- Expats.cz Cited for: Czechia allows home growing
- MLB press release, December 2019 changes to the joint drug program Cited for: Sports rules on cannabis diverge
- NBA/NBPA 2023 collective bargaining agreement (Exhibit I-2; Article on marijuana) Cited for: Sports rules on cannabis diverge
- USADA, key changes to the 2023 Prohibited List Cited for: Sports rules on cannabis diverge; Myth: The World Anti-Doping Agency dropped THC from its banned list in 2023.
- USADA, 2027 Prohibited List advisory Cited for: Sports rules on cannabis diverge; Myth: The World Anti-Doping Agency dropped THC from its banned list in 2023.
- NPR, Sha'Carri Richardson suspended after positive marijuana test (July 2, 2021) Cited for: Sports rules on cannabis diverge
- NORML, ALJ temporarily stays proceedings (Oct 1, 2026) Cited for: DEA hearing on the 2024 proposal reaches final briefs
- NORML, judge permits additional briefs, denies request to reopen (Oct 22, 2026) Cited for: DEA hearing on the 2024 proposal reaches final briefs
- Cannabis Business Times, DEA judge halts rescheduling process (Sept 30, 2026) Cited for: DEA hearing on the 2024 proposal reaches final briefs
- Marijuana Moment, DEA and opponents file final briefs (Nov 6, 2026) Cited for: DEA hearing on the 2024 proposal reaches final briefs
- STAT, Massachusetts Question 8 results (Nov 4, 2026) Cited for: Massachusetts and Idaho voters reject repeal and limits
- Forbes, Cannabis policy change wins voter support in 2026 midterms (Nov 4, 2026; cites AP) Cited for: Massachusetts and Idaho voters reject repeal and limits
Your transcript 0 of 8 read
- Before PeopleChapter 1, not read yet
- First FarmersChapter 2, not read yet
- Smoke and SpiritChapter 3, not read yet
- Hashish and HempChapter 4, not read yet
- The Medicine CabinetChapter 5, not read yet
- ProhibitionChapter 6, not read yet
- UndergroundChapter 7, not read yet
- The Great ReversalChapter 8, not read yet