While marijuana continues to be classified as a Schedule I drug under the Controlled Substance Act, public opinion on marijuana use has shifted dramatically in favor of legalization in recent years. In a 2021 study conducted by Pew Research Center, an overwhelming 91% of adults in the United States believe marijuana should be legal for either medical and recreational use (60% for medical and recreational use and 31% for medical only). On Oct. 6, President Joseph Biden directed the Secretary of Health and Human Services and the Attorney General to review marijuana's current Schedule I status, potentially paving the way for decriminalization or legalization at the federal level.

States already have been moving toward medical or recreational legalization (or both) for over two decades. In February 2021, New Jersey became the 18th state to legalize recreational marijuana for adults 21 years old and over with the New Jersey Cannabis Regulatory,