Cannabis is now legal for recreational use in 23 states and for medicinal purposes in more than a dozen states. Most Americans say they favor the drug’s legalization. However, there are still many unknowns about the legalization of marijuana.
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Medical Use
Is weed legal in Utah? As of 2023, marijuana is legal in Utah for medical purposes. To obtain cannabis as a medicinal product in Utah, you must have a valid medical card and meet with a qualified medical professional. Only licensed dispensaries are allowed to cultivate, process, and sell marijuana in Utah. It is also illegal to possess or consume marijuana in public places. Medicinal cannabis is used for pain relief, anxiety, and other medical conditions. Growing and consuming in 23 states and many cities is legal. Despite its health benefits, cannabis remains illegal to possess and sell under federal law. However, many medical marijuana laws (MMLs) allow for state-licensed dispensaries to distribute and regulate cultivation, production, and sales. Despite these policies, some medical marijuana products are still not available to patients because cannabis is a Schedule I drug under the Controlled Substances Act (CSA), which prohibits research into its potential for abuse and addiction.vIn the ballot era, MMLs often had a vague definition of medical use. Uncertainty about federal enforcement inhibited formal state regulation of marijuana supply channels. Later, MMLs established more precise definitions of medical marijuana and regulated production through licensing systems. These systems decriminalize small amounts, allowing public education and drug treatment programs instead of criminal prosecutions. In addition, the MMLs allow for expunging records of previous convictions. A bill that would decriminalize cannabis at the state level has been introduced in Congress, with support from both parties and the majority of members of the Congressional Cannabis Caucus.
Recreational Use
Currently, most of the states allow recreational use of cannabis. However, a patchwork of state and federal laws creates legal complexities for those who grow or sell marijuana. Compared to other recreational drugs, such as opiate painkillers or alcohol, the popular perception of cannabis is that it is relatively harmless. This view probably reflects the fact that cannabis does not cause severe physical withdrawal symptoms. In addition, unlike most other psychoactive substances, the body cannot build up a tolerance to cannabis. The drug is also not addictive. Although a small percentage of users develop dependence or addiction, most users do not experience cravings for the drug and do not need to use it daily to feel good. A meta-analysis conducted by the University of Oxford has concluded that even prolonged use of cannabis does not result in any lasting harm to the user.
Furthermore, the negative health consequences associated with alcohol and opioid consumption are much more significant than those stemming from cannabis use. Despite opposition to its legalization, there is no evidence that cannabis use leads to other forms of drug abuse. There is ample evidence to indicate that cannabis use decreases the likelihood of using other drugs.
Taxes
Cannabis remains illegal under federal law, which classifies it as a Schedule 1 drug. However, states are free to regulate recreational use as they see fit and create their cannabis tax structures. A standard structure is a “sin tax” that mirrors state cigarette taxes and levies a percentage of the retail price paid by the consumer. Some states have a weight-based tax, similar to a per-pack cigarette tax, and others use a potency-based tax, which varies from one state to the next but usually involves charging higher rates for more potent products. Most states have also adopted an excise tax on cannabis, typically a percentage of the wholesale cost and remitted to the government by the cultivator. This is a common way for states to raise revenue, and the list of goods subject to an excise tax includes motor fuel, airline tickets, tobacco, and alcohol. Finally, some states have taxes based on the cultivation site or even the specific grower, which can vary significantly from state to state. Regardless of the type of tax structure, all businesses that engage in cannabis production must file U.S. tax returns and remain aware that non-filers face IRS enforcement priority. These include growers, distributors, manufacturers, and retailers/dispensaries. They should also ensure they are correctly reporting gross receipts for their operations.
Regulation
As with the case of alcohol, cannabis legalization will be accompanied by regulation, which will replace the uncontrolled illicit market and enable authorities to know who is selling it, where, when, and to whom. It will also lead to the development of legitimate, tax-paying businesses that can be monitored and subjected to strict testing and labeling laws. Moreover, how marijuana is regulated will have a significant impact on its use and harms. For example, states that legalize for medical purposes but don’t regulate growers or retailers can expect to see a lot of home cultivation and a proliferation of products that skirt state packaging laws and contain images familiar to children (such as cartoons or popular candy). Many states will choose to regulate both medical and recreational marijuana in the same way that they do tomatoes or liquor. Ultimately, it will be up to voters and lawmakers to decide the age limit for consumption – some believe that it should be 21 because that is the age at which people can legally purchase and consume alcohol. Many opponents of legalization claim that it will increase crime rates, but government-published data and academic research suggest that the opposite is true. The most recent objective studies have shown that marijuana is far less harmful than alcohol, and it is illogical to punish adults for choosing a safer alternative.
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