Drug Decriminalization and Recriminalization: Predicting the Future in Uncertain Times
Federal Sentencing Reporter January 22, 2026 Laura I. Appleman 1 citation
The legal regulation of cannabis and psychedelics in the United States is increasingly split between state and federal approaches. Many states have legalized or decriminalized marijuana and are exploring the therapeutic use of substances like psilocybin and MDMA, yet some states, such as Oregon, have reversed earlier decriminalization efforts. This review examines current state-level drug policies, the Biden administration's evolving federal stance, and the potential effects of a second Trump term. It also discusses state initiative successes and challenges, the FDA's role in regulating MDMA and esketamine, and implications for public health and criminal justice. Future federal policies could further reshape drug legalization and therapy.