New York State Bar Association Cannabis Law Section

Cannabis is a psychoactive plant that produces THC (tetrahydrocannabinol) and CBD (cannabidiol). Cannabis has long been used as an ingredient in numerous commercial products, such as food, beverages, medicines, cosmetics and beauty care items. While widely used recreationally, marijuana remains illegal under federal law as a Schedule I substance and any related offenses can carry severe penalties such as fines for minor offenses to prison sentences for more severe offenses.

Legal frameworks pertaining to cannabis vary significantly across nations. Some decriminalize possession and cultivation for personal use while in others it remains strictly illegal.

Cannabis in the United States is classified as a Schedule I substance, meaning that it possesses both high potential for abuse and minimal medical value. Federal policy on cannabis has varied over time; most recently the Justice Department issued guidance for prosecutors and law enforcement regarding where their enforcement efforts should focus. These memos focus on efforts that aim to stop marijuana revenue funding criminal networks such as cartels; prevent sales to minors; decrease drugged driving incidents as well as adverse public health outcomes associated with cannabis; address violence related to cannabis consumption and prevent cultivation on public lands – among other objectives.

Though marijuana has long been used as medicine, the Food and Drug Administration (FDA) must approve any medication containing cannabis before it becomes widely available to consumers. FDA-approved medical cannabis medications can treat various conditions, such as nausea, vomiting and cachexia in cancer patients; seizure disorders; spastic syndromes and neuropathies as well as pain management in cancer patients.

While the FDA does not endorse or recommend cannabis for any condition, they provide research and educational resources related to cannabis-derived compounds. Furthermore, researchers may apply for licenses in order to cultivate them and study them further.

Many states have passed laws legalizing cannabis for medical or recreational use; however, the federal government still classifies it as an illicit drug despite most Americans backing legalization efforts.

Legalizing cannabis at the state level has created an entirely new industry, one which faces both local and federal legal hurdles. The New York State Bar Association’s Cannabis Law Section seeks to assist attorneys with understanding this rapidly developing area of law while supporting clients navigate these complexities. Furthermore, they advocate for equitable cannabis industry by supporting legislation like SAFE Banking Act that would protect financial institutions that serve state-legal cannabis businesses.

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