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© 2016 - U.S. Legal Forms, Inc USLegal Pamphlet on Medical Marijuana I NTRODUCTION Medical marijuana refers to the use of the cannabis plant for medicinal purposes. It is the common name for Medical cannabis. Marijuana is regulated as a Schedule I controlled substance and its use is prohibited under federal law. Dronabinol and nabilone are synthetic cannabinoids approved by the Food and Drug Administration. Sativex is a cannabis based extract being evaluated in Phase III trials. In the United States, recreational marijuana use remains illegal under federal law and state laws. However, certain states have begun permitting marijuana use for medical purposes by passing legislation addressing medical marijuana use. State laws regarding the legality of medical marijuana vary. As of this writing, fourteen states permit marijuana use for medical purposes. Usage of the drug for medicinal purposes generally requires a physician’s prescription. Marijuana is also spelled marihuana in certain jurisdictions and is also referred to as cannabis. Although marijuana is a federally controlled Schedule I drug, 14 states have legalized its use for medical purposes. In addition, two states — Arizona and Maryland — have laws that favor medical marijuana but do not legalize it. Maryland passed a law in 2003 that allows defendants to use a medical defense in court, and Arizona has allowed physicians to prescribe marijuana since 1996. States that permit the medical use of marijuana: Alaska, California, Colorado, Hawaii, Maine, Michigan, Montana, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, and Washington. Currently, five states sell medical cannabis in dispensaries. Medical marijuana bills are under consideration in other states as well. F EDERAL L AWS Marijuana is illegal under federal law, but guidelines have been loosened on federal prosecution of medical marijuana under the Obama administration. The federal government regulates drugs through the Controlled Substances Act. 21 U.S.C. § 811 does not recognize the difference between medical and recreational use of marijuana. Any use of marijuana is illegal under federal law. Federal law treats marijuana as a controlled substance. It does not distinguish marijuana from other drugs such as cocaine and heroin. Under the Controlled Substances Act, marijuana is classified as a Schedule I drug, which means that the federal government views marijuana as highly addictive and having no medical value. Doctors may not prescribe marijuana for medical use under federal law. S TATE VS . F EDERAL L AWS Although some states have legalized the medical use of marijuana, the federal government can still ban possession of the drug in states. While federal law does not overturn state laws legalizing medical marihuana use, those who try to use marijuana as a medical treatment risk legal action by the U.S. Drug Enforcement Administration or other federal agencies. In the landmark case of Gonzales v. Raich, 545 U.S. 1 (U.S. 2005), the United States Supreme Court held that the federal government has the constitutional authority to prohibit marijuana for all purposes. In Gonzales, respondents were California residents who used marijuana to treat serious medical conditions. They used marijuana pursuant to the terms of the Compassionate Use Act, Cal. Health & Safety Code § 11362.5 (2005). The federal agents seized and destroyed the cannabis plants cultivated for home consumption. The Court held that the regulation of marijuana under the CSA was within Congress’ commerce power because production of marijuana meant for home consumption had a substantial effect on supply and demand in the national market. Thus, federal law enforcement officials may prosecute medical marijuana patients, even if they grow their own medicine and even if they reside in a state where medical marijuana use is protected under state law. Therefore, whenever, there is a difference between the federal and state laws, the federal laws prevail. M EDICAL U SE OF M ARIJUANA -H ISTORY The Chinese were the first among those who used marijuana for medicinal purposes. By 1850, Cannabis was a part of the American pharmacopoeia. Marijuana was listed as a useful drug for the treatment of numerous afflictions such as neuralgia, tetanus, typhus, cholera, rabies, anthrax, leprosy, tonsillitis, dysentery, insanity, and excessive menstrual and uterine bleedings. It was used as a popular medicine until the time the Marihuana Tax Act was passed in 1937. Marihuana continues to be available by prescription in the Netherlands, Canada, Spain, and Italy. An unexpected prohibition on the use of medical marijuana was made in 1937 when U.S. passed the first federal law against cannabis. Dr. William C. Woodward, a representative of the American Medical Association (AMA) raised objections against the Bill. He testified on behalf of the AMA that the Act was to curtail the medicinal uses of marijuana, and passing of the Bill will deprive US citizens benefits of a drug of substantial value. However, the Act was passed in 1937, and Marijuana was removed from US Pharmacopoeia in 1941. The debates relating to the passing of the Boggs Act, 1951 created a notion that the use of marijuana led to the use of harder drugs. Penalties for marijuana were increased with the Narcotic Control Act, 1951. The Controlled Substances Act, 1970 classified drugs into five schedules. Schedule I substances are said to have highest potential for abuse, no medical value, and are considered not to be safe for use even under medical supervision. Marijuana is classified as a Schedule I drug.[1] In 1976, the federal government created a special federal program known as the Investigational New Drug (IND) compassionate access research program to allow patients to receive up to nine pounds of cannabis from the government each year. However, the access to the program was closed in June 1991 when the Public Health Service announced that the program would be suspended because it undermined federal prohibition. Despite this successful medical program and centuries of documented safe use, cannabis is still classified in America as a Schedule I substance. In 1996, patients and advocates turned to the state level for access to marijuana for medical purposes. Voter initiatives in California and Arizona allowed legal use of cannabis with a doctor’s recommendation. Subsequently, similar initiatives were passed in Alaska, Colorado, Maine, Montana, Nevada, Oregon, Washington, and Washington D.C. The legislatures of Hawaii, Maryland, New Jersey, New Mexico Rhode Island, and Vermont have also acted on behalf of their citizens, and every legislative session sees more bills introduced at the state level across the country.[2] In 1997, the Institute of Medicine (IOM) after a comprehensive study of the medical efficacy of cannabis therapeutics came to a conclusion that cannabis is a safe and effective medicine, patients should have access, and the government should expand avenues for research and drug development of the same. However, the federal government paid a deaf ear to the findings and refused to act on its recommendations. State laws legalizing medical marijuana was passed from the year 1996. California was the first to pass a law favoring medical use of marijuana. Following this, Alaska, Colorado, Hawaii, Maine, Montana, Michigan, New Jersey, New Mexico, Nevada, Oregon, Rhode Island, New Mexico, Washington, and Vermont also passed favorable laws. [1] Medical Marijuana Law, Richard Glen Boire, Kevin Feeney [2] http://www.safeaccessnow.or g/section.php?id=175