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State Level Control of the Medical Use of Marijuana
Wednesday, September 16, 2009
InstructionsHistoryStep 1: The federal government of the United States prohibited the use of marijuana with The Marijuana Tax Act in 1937. As a result marijuana was removed from the United States Pharmacopeia in 1941. The Controlled Substances Act of 1970 identifies marijuana as a Schedule I drug, meaning that the federal government recognizes marijuana as having a high potential for abuse and possessed of no medicinal value. Groups have petitioned the federal government numerous times to reschedule marijuana, to no avail.
Federal LawStep 1: Under federal law doctors may not prescribe marijuana. Those who do are subject to federal prosecution and the removal of their federal license to prescribe drugs. Due to marijuana's status as a Schedule I drug, the federal government recognizes no legal source of the drug. There is no legal language prohibiting a physician from recommending marijuana. In 2005, the U.S. Supreme Court decided in the case of Gonzales vs. Raich that the federal government could prosecute patients who use medical marijuana in states that have legalized medical marijuana use.
State LawStep 1: State legislatures may reschedule marijuana for medical use. Since 1996, 13 states have removed criminal penalties for the medical use of marijuana: Alaska, California, Colorado, Hawaii, Maine, Michigan, Montana, Nevada, New Mexico, Oregon, Rhode Island, Vermont and Washington. In these states patients may legally cultivate and possess certain amounts of marijuana for medicinal use. Though medical marijuana users are still subject to federal prosecution, state laws provide significant protection, as 99 percent of marijuana arrests happen at the state level.
Medical UseStep 1: In the 13 states that currently have legal protection for the use of medical marijuana, a patient must have a valid recommendation from a physician to possess and cultivate marijuana. Marijuana is recommended for the treatment of illnesses such as HIV/AIDS, cancer, glaucoma, chronic pain, multiple sclerosis, epilepsy and Alzheimer's. Marijuana may also be recommended as treatment for many other ailments. In Alaska, Colorado, Hawaii, Maine, Michigan, Montana, Nevada, Oregon and Rhode Island, patients must register at state-run facilities as medical marijuana users.
SupportStep 1: The case for medical marijuana has wide popular and organizational support. The American College of Physicians, The Leukemia & Lymphoma Society, The American Psychiatric Association, The American Nurses Association, The AIDS Action Council, and The National Association of the Attorneys General are just a few of the organizations that recommend that medical marijuana be legalized at the federal level. A 1999 Gallup poll reveals that 73 percent of Americans support legalized, medical marijuana.
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