Cannabis remains a Schedule I controlled substance under federal law in 2025. The federal government still classifies marijuana as a drug with no accepted medical use and a high potential for abuse, the same tier as heroin and LSD. No federal statute legalizes marijuana for medical or adult use. A 2024 proposal to move cannabis to Schedule III has not been finalized, and hemp-derived THC products live in a separate legal lane created by the 2018 Farm Bill.

is cannabis illegal federally in the us

The Controlled Substances Act still controls

The Controlled Substances Act, 21 U.S.C. 812, places marijuana in Schedule I. That makes it a federal crime to manufacture, distribute, dispense, or possess cannabis, with limited exceptions for approved research. Federal penalties can reach five years for simple possession of a small amount and far longer terms for distribution. Federal law applies everywhere in the United States, including states that have legalized cannabis.

Can Federal Agents Arrest for State Legal Weed?

Hemp is legal, marijuana is not: the 0.3% line

The 2018 Farm Bill removed hemp from the CSA definition of marijuana. Hemp is defined as cannabis containing no more than 0.3% delta-9 THC on a dry weight basis. That single number creates the split many sellers rely on. Hemp-derived delta-8, delta-10, THCA, and similar compounds are not named in the statute, so their legal status depends on how a court or a state regulator reads the definition. Several states have banned or restricted those products on their own.

Cannabis Federal vs State Conflict: Understanding the Legal Landscape

Rescheduling is proposed, not finished

The Drug Enforcement Administration proposed moving cannabis from Schedule I to Schedule III in 2024. A formal administrative hearing started in late 2024 and stretched into 2025, with testimony from opponents and supporters of the change. Until a final rule is published, cannabis stays in Schedule I. Schedule III would ease federal tax and research barriers, but it would not legalize recreational marijuana or create a federal retail market.

does federal law prevent state legalization

What the FDA says about THC products

The FDA has not approved cannabis as a treatment for any disease. It has approved a small number of cannabis-derived prescription drugs, and it treats THC as an unapproved food additive. That means THC-infused food, drinks, and dietary supplements sold across state lines sit outside the federal framework, regardless of the label on the package.

State law does not override federal law

More than half the states allow medical cannabis, and roughly half allow adult use. Those programs are protected from most federal interference by appropriations riders that block the Justice Department from spending money to stop states from carrying out medical marijuana laws. The riders are temporary, renewed with federal spending bills, and they apply to medical programs, not recreational sales. Crossing a state line with cannabis is a federal offense even when both states allow it.

Buying THC products online: what to check

  1. Confirm whether your state allows medical or adult-use cannabis, and check the rules for hemp-derived THC.
  2. Identify the THC source on the label: hemp-derived, with a delta-9 concentration of 0.3% or less on a dry weight basis, or marijuana-derived.
  3. Request a certificate of analysis from an accredited lab that lists cannabinoid content and contaminant testing.
  4. Verify the seller asks for age confirmation and ships only to states where the product is legal.
  5. Keep the product in your own state. Do not carry it across state borders or ship it yourself.

The short version

In 2025, federal law treats marijuana as illegal, hemp as legal below the 0.3% delta-9 threshold, and THC-infused consumer products as a gray zone that states regulate on their own. State law decides what you can buy where you live. Federal law decides what can cross a state line.