Drug Decriminalization and Recriminalization: Predicting the Future in Uncertain Times
Federal Sentencing Reporter January 22, 2026 DOI: 10.1215/10539867-12110802 via OpenAlex
Summary
AI-generated from the abstractThe 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.
Study at a glance
| Characteristics | Review Peer reviewed |
|---|---|
| Citations | 1 |
| Key finding | State and federal approaches to cannabis and psychedelic regulation are diverging, with some states advancing legalization and others reversing decriminalization, while federal policy under future administrations may further reshape the landscape. |
Abstract
Abstract The shifting legal landscape of drug regulation in the United States has been marked by a growing divergence between state and federal approaches to cannabis and psychedelics. In recent years, numerous states have passed laws legalizing or decriminalizing marijuana and exploring the therapeutic potential of psychedelics, such as psilocybin and MDMA. At the same time, these trends are juxtaposed against rising opposition and legislative rollback, particularly in states like Oregon, where decriminalization efforts have been reversed. This article provides a comprehensive review of current drug policy developments, focusing on cannabis and psychedelics at the state level, the evolving federal stance under the Biden administration, and the potential impact of a second Trump term. It also explores the challenges and successes of state initiatives, the FDA’s evolving role in regulating substances like MDMA and esketamine, and the broader implications for public health and criminal justice. As the country navigates the complexities of drug rescheduling and reform, future federal policies under new leadership could further reshape the landscape of drug legalization and therapy in the United States.