Marihuana

"Marihuana" is the archaic statutory spelling used in federal law, including the Controlled Substances Act at 21 U.S.C. § 802(16) and the Marihuana Tax Act of 1937. The CSA defines "marihuana" as "all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin," with exceptions for mature stalks, sterilized seeds, and — since the 2018 Farm Bill — hemp. The "h" spelling was standard in early-20th-century U.S. government documents and was preserved when the CSA was enacted in 1970. Federal courts, DEA regulations, and HHS scheduling documents continue to use "marihuana," while most modern federal bills (MORE Act, SAFE Banking Act, CAOA) and state statutes have migrated to "marijuana" or "cannabis." The persistence of the older spelling in the CSA itself is a frequent example of how outdated statutory text shapes modern practice. *→ See also: Marijuana, Controlled Substances Act