Legality of Cannabis by U.S. Jurisdiction

A painting of a man with white hair wearing a white ruffled shirt and dark coat
First President of the United States George Washington, one of the Founding Fathers known to have grown hemp

Cannabis is a plant and, as hemp, a source for fibers, oil, and seed. Prior to its prohibition, U.S. politicians known for growing hemp include some of the nation's Founding Fathers and presidents. Politicians who have admitted to recreational use of the drug prior to its decriminalization or legalization include mayors, governors, members of the House of Representatives, senators, vice presidents and presidents.

List of politicians who farmed hemp[edit]

A painting of a man with light hair wearing a white ruffled shirt, a tan vest, and a dark coat
Third President of the United States Thomas Jefferson

While multiple policitians are confirmed to have farmed hemp, there is no evidence that any of them used cannabis. Neither cannabis nor hemp were illegal until the 20th century. The original two drafts of the United States Declaration of Independence used hemp paper, while the official versions used parchment.[1]

Name Lifetime Highest position Party Ref.
Benjamin Franklin 1706–1790 President of the Supreme Executive Council of Pennsylvania Independent [2]
Thomas Jefferson 1743–1826 President of the United States Democratic-Republican [3]
James Madison 1751–1836 President of the United States Democratic-Republican [4]
George Washington 1732–1799 President of the United States Independent [3]
Henry Clay 1777–1852 United States Secretary of State, U.S. Senator from Kentucky and Speaker of the United States House of Representatives Democratic-Republican, National Republican and Whig [5]
Parties

  Democratic-Republican   Whig   Democratic   Republican   Independent

Use prior to decriminalization[edit]

In the U.S., cannabis was initially grown for industrial reasons, though it quickly became a staple medicinal product in the early 19th century and recreational use became more prevalent during the 20th century.[6] Harry J. Anslinger, Commissioner of the Federal Bureau of Narcotics, responded to political pressure to ban marijuana at a nationwide level. The Marihuana Tax Act of 1937 created an expensive excise tax, and included penalty provisions and elaborate rules of enforcement to which marijuana, cannabis, or hemp handlers, were subject. Mandatory sentencing and increased punishment were enacted when the United States Congress passed the Boggs Act of 1952 and the Narcotics Control Act of 1956.[7]

During the counterculture of the 1960s, attitudes towards marijuana and drug abuse policy changed as marijuana use among "white middle-class college students" became widespread.[8] In Leary v. United States (1969), the Supreme Court held the Marihuana Tax Act to be unconstitutional since it violated the Fifth Amendment to the United States Constitution, privilege against self-incrimination. In response, Congress passed the Controlled Substances Act as Title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970, which repealed the Marihuana Tax Act.[9] In 1972, the National Commission on Marijuana and Drug Abuse concluded that marijuana should be decriminalized, but that public use and driving while intoxicated should remain illegal. By the end of the decade, several states had decriminalized the drug, while many others weakened their laws against cannabis use.

However, a wave of conservatism during the 1980s allowed president Ronald Reagan to accelerate the War on Drugs during his presidency, prompting anti-drug campaigns such as the "Just Say No" campaign of First Lady Nancy Reagan. Federal penalties for cultivation, possession, or transfer of marijuana were increased by the Comprehensive Crime Control Act (1984), the Anti-Drug Abuse Act (1986), and the Anti-Drug Abuse Amendment Act (1988).[10] Since California voters passed the Proposition 215 in 1996, which legalized medical cannabis, several states have followed suit. However, United States v. Oakland Cannabis Buyers' Cooperative (2001) rejected the common-law medical necessity defense to crimes enacted under the Controlled Substances Act because Congress concluded that cannabis has "no currently accepted medical use" and Gonzales v. Raich (2005) concluded that the Commerce Clause of the Article I of the Constitution allowed the federal government to ban the use of cannabis, including medical use. Today, cannabis remains classified as a Schedule I drug under the Controlled Substances Act, and possession is punishable by up to one year in jail and a minimum fine of $1,000 for a first conviction.[11]

Use by politicians prior to decriminalization[edit]

Politicians who have reported using cannabis prior to its decriminalization include mayors, governors, members of the House of Representatives and Senate, a cabinet member, and U.S. presidents and vice presidents.

Vice President of the United States Kamala Harris
A man wearing a black suit and blue-striped tie, with the American flag in the background
Former President of the United States George W. Bush
A man wearing a black suit with a blue tie
Former Vice President of the United States Al Gore
A man wearing a black suit and blue-striped tie, with the American flag in the background
Former President of the United States Barack Obama
A woman wearing glasses, earrings, red lipstick, a necklace of white beads, and a black jacket on top of a blue hoodie
Former Governor of Alaska Sarah Palin
Name Lifetime Highest position Party Ref.
Rob Astorino b. 1967 Westchester County Executive Republican [12]
Bruce Babbitt b. 1938 Governor of Arizona, Secretary of the Interior Democratic [13]
Michael Bloomberg b. 1942 Mayor of New York City Democratic [14]
Bill Bradley b. 1943 Senator from New Jersey Democratic [15]
George W. Bush b. 1946 President of the United States Republican [16]
Jeb Bush b. 1953 Governor of Florida Republican [17]
Pete Buttigieg b. 1982 United States Secretary of Transportation Democratic [18]
Paul Cellucci 1948–2013 Governor of Massachusetts Republican [19]
Lincoln Chafee b. 1953 Senator from Rhode Island, Governor of Rhode Island Libertarian [20]
Lawton Chiles 1930–1998 Senator from Florida, Governor of Florida Democratic [21]
Bill Clinton b. 1946 President of the United States Democratic [22]
Steve Cohen b. 1949 Representative from Tennessee Democratic [23]
Jack Conway b. 1969 Attorney General of Kentucky Democratic [24]
Ted Cruz b. 1970 Senator from Texas Republican [25]
Andrew Cuomo b. 1957 Governor of New York Democratic [26]
Bill de Blasio b. 1961 Mayor of New York City Democratic [27]
Howard Dean b. 1948 Governor of Vermont, Chair of the Democratic National Committee Democratic [28]
Joseph DeNucci b. 1939 Auditor of Massachusetts Democratic [19]
Mary Donohue b. 1947 Lieutenant Governor of New York Republican [29]
Shaun Donovan b. 1966 United States Secretary of Housing and Urban Development Democratic [30]
John Edwards b. 1953 Senator from North Carolina Democratic [28]
Newt Gingrich b. 1943 Speaker of the United States House of Representatives Republican [13]
Al Gore b. 1948 Vice President of the United States Democratic [31]
Kamala Harris b. 1964 Vice President of the United States Democratic [32]
Maggie Hassan b. 1958 Governor of New Hampshire, Senator from New Hampshire Democratic [33]
John Hickenlooper b. 1952 Senator from Colorado, Governor of Colorado Democratic [34]
Eric Holcomb b. 1968 Governor of Indiana Republican [35]
Gary Johnson b. 1953 Governor of New Mexico Libertarian [36]
Mondaire Jones b. 1987 Representative from New York Democratic [37]
John Kasich b. 1952 Governor of Ohio Republican [38]
Joseph P. Kennedy II b. 1952 Representative from Massachusetts Democratic [19]
John Kerry b. 1943 Secretary of State Democratic [28]
Ed Koch 1924–2013 Mayor of New York City Democratic [39]
Richard Lamm 1935–2021 Governor of Colorado Democratic [40]
Connie Mack III b. 1940 Senator from Florida Republican [21]
Kyle E. McSlarrow b. 1960 Deputy Secretary of Energy Republican [41]
John Miller 1938–2017 Representative from Washington Republican [42]
Susan Molinari b. 1958 Representative from New York Republican [43]
Jim Moran b. 1945 Representative from Virginia Democratic [41]
Seth Moulton b. 1978 Representative from Massachusetts Democratic [44]
Evelyn Murphy b. 1940 Lieutenant Governor of Massachusetts Democratic [19]
Phil Murphy b. 1957 Governor of New Jersey Democratic [45]
Richard Neal b. 1949 Representative from Massachusetts Democratic [19]
Barack Obama b. 1961 President of the United States Democratic [46]
Sarah Palin b. 1964 Governor of Alaska Republican [47]
George Pataki b. 1945 Governor of New York Republican [26]
David Paterson b. 1954 Governor of New York Democratic [48]
Edward W. Pattison 1932–1990 Representative from New York Democratic [49]
Claiborne Pell 1918–2009 Senator from Rhode Island Democratic [13]
Rob Portman b. 1955 Senator from Ohio, U.S. Trade Representative Republican [50]
J. B. Pritzker b. 1965 Governor of Illinois Democratic [51]
Dana Rohrabacher b. 1947 Representative from California Republican [52]
Bernie Sanders b. 1941 Senator from Vermont Independent[a] [53]
Rick Santorum b. 1958 Senator from Pennsylvania Republican [54]
Arnold Schwarzenegger b. 1947 Governor of California Republican [55]
William Scranton III b. 1947 Lieutenant Governor of Pennsylvania Republican [56]
Kevin Stitt b. 1972 Governor of Oklahoma Republican [57]
Scott Stringer b. 1960 New York City Comptroller Democratic [30]
Bill Thompson b. 1953 New York City Comptroller Democratic [58]
Peter G. Torkildsen b. 1958 Representative from Massachusetts Republican [19]
Jesse Ventura b. 1951 Governor of Minnesota Independent [59]
Janet Yellen b. 1946 Secretary of the Treasury Democratic [60]
Parties

  Democratic   Republican   Independent   Libertarian

Use by judges prior to decriminalization[edit]

Associate Justice of the Supreme Court of the United States Clarence Thomas

In the United States, judges and justices are traditionally considered to be of a separate class distinct from politicians.[61][62][63] At least two have admitted to cannabis use.

Name Lifetime Highest position Party Ref.
Douglas Ginsburg b. 1946 Chief Judge of the United States Court of Appeals for the District of Columbia Circuit Independent [64]
Clarence Thomas b. 1948 Associate Justice of the Supreme Court of the United States Independent [65]
Parties

  Independent

See also[edit]

Notes[edit]

  1. ^ Congressional affiliation

References[edit]

General
Specific
  1. ^ Cellania •, Miss. "Was the Declaration of Independence Written on Hemp?". Neatorama. Retrieved April 1, 2023.
  2. ^ Kelly, Annie (September 27, 2006). "Hemp is at hand". The Guardian. Retrieved November 21, 2009.
  3. ^ a b Wren, Christopher (April 1, 1999). "U.S. Farmers Covet a Forbidden Crop". The New York Times. Retrieved November 21, 2009.
  4. ^ Wasserman, Harvey (January 29, 2009). "This President's Day, Remember that George Washington Raised Hemp & Probably Smoked it". The Huffington Post. Retrieved November 21, 2009.
  5. ^ Heidler, David S.; Heidler, Jeanne T. (2010), Henry Clay: The Essential American, Random House, ISBN 9781588369956, OCLC 326531524
  6. ^ Zuardi, Antonio Waldo (June 1, 2006). "History of cannabis as a medicine: a review". Brazilian Journal of Psychiatry. 28 (2): 153–157. doi:10.1590/S1516-44462006000200015. PMID 16810401.
  7. ^ Schlosser 2003, p. 21
  8. ^ Schlosser 2003, p. 22
  9. ^ Pub. L. No. 91–513, 84 Stat. 1236 (October 27, 1973).
  10. ^ Schlosser 2003, p. 25
  11. ^ Tschorn, Adam (August 30, 2009). "Marijuana's new high life". Los Angeles Times. Retrieved September 30, 2009.
  12. ^ Jimmy Vielkind, Rob Astorino 'smoked a couple of joints' in college, Politico New York (March 7, 2014).
  13. ^ a b c "Gore and Babbitt also confess they smoked marijuana". The Gainesville Sun. The New York Times Company. November 8, 1987. Retrieved September 30, 2009.
  14. ^ "NY Mayor appears in marijuana ads". BBC News. April 9, 2009. Retrieved September 30, 2009.
  15. ^ Barabak, Mark (August 21, 1999). "To Err, Bush May Find in the '90s, Is to Be Forgiven". Los Angeles Times. p. 2. Retrieved September 30, 2009.
  16. ^ "Bush admits to smoking pot in taped discussion". Taipei Times. Associated Press. February 21, 2005. Retrieved January 20, 2012.
  17. ^ Miller, Jake (January 31, 2015). "Jeb Bush is a hypocrite about marijuana, Rand Paul says". CBS News. Retrieved February 8, 2015.
  18. ^ "Democrat Buttigieg used marijuana 'a handful of times'". The Associated Press. October 23, 2019. Retrieved July 23, 2021.
  19. ^ a b c d e f "Several politicians admit marijuana use". The Register-Guard. Guard Publishing. March 5, 1990. Retrieved November 6, 2009.
  20. ^ Ayres, B. Drummond (August 25, 1999). "Political Briefing; In Rhode Island, A Decision to Tell All". The New York Times. Retrieved September 30, 2009.
  21. ^ a b "Chiles follows Mack, admits smoking pot". The Gainesville Sun. The New York Times Company. November 10, 1987. Retrieved September 30, 2009.
  22. ^ "Clinton Tried Marijuana as a Student, He Says". The New York Times. March 30, 1992. Archived from the original on February 24, 2010. Retrieved September 30, 2009.
  23. ^ Walker, Henry (October 2, 1997). "Desperately Seeking the News". Nashville Scene. Village Voice Media. p. 1. Archived from the original on January 29, 2013. Retrieved January 14, 2010.
  24. ^ Estep, Bill; Jack Brammer (October 14, 2010). "Rand Paul accused of using marijuana in college; Jack Conway admits he tried it". Lexington Herald-Leader. The McClatchy Company. Retrieved October 16, 2010.
  25. ^ "REPORT: Ted Cruz smoked weed as a teenager". Business Insider. February 3, 2015. Retrieved July 24, 2021.
  26. ^ a b Dewan, Shaila (August 6, 2002). "Cuomo Urges Repeal of Rockefeller Drug Laws and Offers New Sentencing Plan". The New York Times. Retrieved November 6, 2009.
  27. ^ Jillian Jorgensen, Bill de Blasio Says He Hasn't Smoked Weed Since College, New York Observer (November 19, 2015).
  28. ^ a b c Smith, Jordan (November 14, 2003). "Dems on Drugs: Any Questions?". The Austin Chronicle. Austin Chronicle Corporation. Retrieved September 30, 2009.
  29. ^ Schwartzman, Paul (July 30, 1998). "Cheering for George Mary Donohue takes spotlight to win place in Pataki's shadow". Daily News. Mortimer Zuckerman. Archived from the original on March 25, 2010. Retrieved November 6, 2009.
  30. ^ a b "New York City Mayoral Candidates - Who's for Pot?". June 12, 2021. Retrieved July 24, 2021.
  31. ^ Ellison, Michael (February 7, 2000). "Gore was avid pot smoker - book". The Guardian. Retrieved September 30, 2009.
  32. ^ Kamala Harris says she smoked marijuana in college while listening to music that didn't exist yet, Washington Times (February 12, 2019)
  33. ^ Gov. Hassan says she smoked marijuana while in college, New Hampshire Union Leader (February 10, 2014)
  34. ^ Josiah Hesse (October 15, 2022). "'This can be done right': how Colorado sparked a decade of marijuana reform". The Guardian. Manchester, UK. Hickenlooper said at a recent event marking the anniversary and citing a state health survey of 40,000 participants. "Just to be clear, I smoked pot when I was 16 … and I feel pretty darn sure now that [legalization] is a much better societal decision than what I grew up in."
  35. ^ Carden, Dan (February 27, 2019). "Gov. Holcomb admits using marijuana in college, still opposes legalization in Indiana". The Times of Northwest Indiana.
  36. ^ "Should the Government Legalize Drugs?". CNN. February 22, 2001. Retrieved November 6, 2009.
  37. ^ Sommerfeldt, Chris. "Rep. Mondaire Jones admits past weed use while calling on Biden to reverse pot-related White House firings". New York Daily News. Retrieved May 21, 2022.
  38. ^ Khalil AlHajal, John Kasich annoyed by question on whether he's smoked marijuana, MLive (March 8, 2016).
  39. ^ "Mayor Koch admits he's tried marijuana". Boca Raton News. South Florida Media Company. November 13, 1980. Retrieved September 30, 2009.
  40. ^ "Lamm Says He, Too, Tried Marijuana". Associated Press. August 22, 1996. Retrieved September 14, 2012.
  41. ^ a b "In Virginia, a Child's Illness Quiets a Congressional Campaign". The New York Times. August 29, 1994. Retrieved November 6, 2009.
  42. ^ Blumenthal, Les (November 17, 1987). "Only one area lawmaker admits pot use". The Spokesman-Review. Cowles Publishing Company. Retrieved December 1, 2009.
  43. ^ "Molinari Says Yes (Or No?), She Inhaled". The New York Times. August 9, 1996. Retrieved September 30, 2009.
  44. ^ "Seth Moulton Says He Smoked Pot at Harvard, Supports Legalization". Boston. Boston. September 19, 2016. Retrieved June 24, 2019.
  45. ^ "NJ governor Phil Murphy says he tried pot 'once or twice'". New York Post. May 3, 2018. Retrieved May 6, 2018.
  46. ^ Seelye, Katharine (October 24, 2006). "Barack Obama, asked about drug history, admits he inhaled". The New York Times. Retrieved September 30, 2009.
  47. ^ Lerer, Lisa (August 29, 2008). "Palin: She Inhaled". CBS News. Retrieved September 30, 2009.
  48. ^ "David Paterson Admits Using Cocaine, Marijuana In His 20s". The Huffington Post. March 24, 2008. Retrieved November 6, 2009.
  49. ^ "Politician Fights Pot Charge". Star-Banner. The New York Times Company. October 4, 1978. Retrieved December 1, 2009.
  50. ^ Wehrman, Jessica (May 13, 2013). "Portman admits he smoked pot". Journal-News. Retrieved May 22, 2022.
  51. ^ Janssen, Kim (January 16, 2018). "Top 3 Illinois Dem gubernatorial candidates agree: We all smoked pot back in the day". Chicago Tribune.
  52. ^ Rohrabacher, Dana (May 13, 2013). "Dana Rohrabacher: The colossal failure of marijuana prohibition". Orange County Register. Retrieved March 14, 2014.
  53. ^ "Bernie Sanders on Hillary Clinton: 'Would she be interested in being my vice president?'". Yahoo News. June 1, 2015. Retrieved August 16, 2015.
  54. ^ "9 pols who talked pot". Politico. April 20, 2012. Retrieved January 22, 2014.
  55. ^ "Schwarzenegger: Calif. needs pot debate". NBC News. May 6, 2009. Retrieved September 30, 2009.
  56. ^ "Getting high on marijuana issue". Pittsburgh Post-Gazette. Block Communications. November 28, 1987. Retrieved December 1, 2009.
  57. ^ Kaelan Deese (October 19, 2022). "Five takeaways from Oklahoma gubernatorial debate between Kevin Stitt and Joy Hofmeister". Washington Examiner.
  58. ^ Lisberg, Adam (August 27, 2009). "Bill Thompson and Tony Avella square off, gang up on Mayor Bloomberg in 1st mayoral debate". Daily News. Mortimer Zuckerman. Archived from the original on August 30, 2009. Retrieved September 30, 2009.
  59. ^ "Jesse Ventura Teases Presidential Run with Third Political Party". wrestlinginc.com.
  60. ^ "'Wait Wait' for January 27, 2024: With Not My Job guest Treasury Secretary Janet Yellen", Wait Wait Don't Tell Me (streaming audio), NPR, January 27, 2024 (at 20:30)
  61. ^ "The Judicial Branch". The White House. Retrieved October 1, 2021.
  62. ^ Liptak, Adam (September 16, 2019). "Supreme Court Says Judges Are Above Politics. It May Hear a Case Testing That View". The New York Times. ISSN 0362-4331. Retrieved October 1, 2021.
  63. ^ Corriher, Billy (April 30, 2015). "Supreme Court: Judges Aren't Politicians, and States Can Bar Them From Soliciting Campaign Cash". Center for American Progress. Retrieved October 1, 2021.
  64. ^ "GINSBURG WITHDRAWS NAME AS SUPREME COURT NOMINEE, CITING MARIJUANA 'CLAMOR'". The New York Times. November 8, 1987. Retrieved July 24, 2021.
  65. ^ Labaton, Stephen (July 11, 1991). "Thomas Smoked Marijuana But Retains Bush Support". The New York Times. ISSN 0362-4331. Retrieved October 1, 2021.