The Difference Between Federal Versus State Medical Marijuana Laws

What an interesting time we’re living in with marijuana. Since the 1970’s, marijuana has been classified by the Drug Enforcement Agency as a Schedule 1 Narcotic. Here are some other Schedule I narcotics: Ecstasy, Heroin, LSD, and Quaaludes.

Schedule 1 is reserved for drugs that have “no currently accepted medical use”. Therefore, physicians are not allowed to prescribe drugs in Schedule 1. Here are the 3 criteria for Schedule 1 placement:

1) The drug’s potential for abuse is high

2) There is no currently accepted medical use in the US

3) There is a lack of accepted safety for use of the drug or other substance under medical supervision

This happened in 1970 after the advice of Asst Secretary of Health back then. His letter to Congress said,

“Since there is still a considerable void in our knowledge of the plant and effects of the active drug contained in it, our recommendation is that marijuana be retained within schedule I at least until the completion of certain studies now underway to resolve the issue. If those studies make it appropriate for the Attorney General to change the placement of marijuana to a different schedule, he may do so in accordance with the authority provided under section 201 of the bill. . .

Sincerely yours, (signed) Roger O. Egeberg, M.D

Those “studies” were completed in 1972 with a report being released from the National Commission on Marijuana and Drug Abuse. This report recommended decriminalizing cannabis, which went ignored under President Nixon. Ever since that time, bills have been introduced to reschedule marijuana, with unsuccessful results. Most recently, a bill was introduced to remove cannabis completely from the federal schedules. This would simply limit the federal government to preventing cross-border or transfers between states where cannabis remains illegal.

Yes, marijuana is illegal. Since it cannot be prescribed, there are consequences federally for possession, distribution, etc. The Marijuana Tax Act was brought before Congress in 1937, which was passed and placed a tax on the sale of cannabis. This tax equaled roughly one dollar on anyone who commercially dealt marijuana. The ACT did not criminalize the possession or usage of marijuana however. The American Medical Association opposed the bill, arguing that cannabis was not dangerous and that its medicinal use would be severely curtailed by prohibition. Within 4 years, medical marijuana was withdrawn from the US pharmaceutical market because of the law’s requirements. So essentially marijuana went from being legal and a growing part of the business and medical fabric of the US, to heavily taxed in 1937, to illegal in 1970.

Plenty of research was accomplished between 1970 and 1996, and Marinol (synthetic THC) was approved by the FDA. The Netherlands legalized marijuana in the 1970’s. Essentially anyone over the age of 18 can buy it openly in a coffee shop.

In 1996, California became the first state to legalize marijuana for medicinal usage. Proposition 215 allowed patients freedom from prosecution with a physician’s recommendation. Since a prescription is not allowed, it is called a recommendation. The federal government at one point went after physicians for recommending medical marijuana, but federal court has protected physicians as part of the First Amendment rights. Colorado followed in 2000. Neither state saw extremely widespread use of medical marijuana due to the federal illegality still on the books.

Additional states legalized medical marijuana over the next few years. In 2009 the Ogden memo came out under Obama. In it, the US Attorney’s office stated they would not use federal resources to prosecute patients so long as they abided by state laws. The memo referenced dispensaries, stating so long as businesses complied with state law they would be fine. That memo opened up a whole new world in the marijuana industry, as hundreds of dispensaries opened in CA, Montana, and CO. Currently, 16 states plus DC have laws legalizing medical cannabis.

While marijuana laws were being started in these states, the federal stance changed as of 2011. It has appeared as if the federal government had made the decision not to prosecute patients and dispensaries who were abiding by state law. To most medical cannabis patients and businesses who were complying with state law, it looked as if the government was recognizing the legitimate medical marijuana benefits.

Whereas prior it appeared that the Department of Justice was taking a “hands off” approach to those abiding by state laws, multiple states received letters from US Attorneys in May of 2011 that marked a change of attitude. Those letters reiterated that patients would not be targeted by the Department of Justice, however, the stance versus dispensaries looked to be different. The letters referred to anyone participating in the selling, distribution, and profiting from marijuana being at risk of prosecution. In one state letter, it even theorized that state employees who were processing dispensary application were at risk of prosecution.

Numerous states have held up their dispensary programs based on these letters. Some have continued business as before. So the end result with states is it looks like patients are okay to receive recommendations and medical marijuana ID cards. Then growing their own or obtaining marijuana from a caregiver or obtaining from a legal dispensary is alright for the patients. But having a dispensary or a growing operation remains a large question mark.

Currently, marijuana remains federally illegal and who knows when the laws or scheduling will be altered. Numerous states have seen the medical benefits and legalized medical marijuana, and approximately 10 other states have pending laws.

Arizona has filed a lawsuit against the Department of Justice seeking clarification on federal versus state law, which was interesting because AZ passed marijuana legalization knowing full well the federal laws regarding marijuana. Those laws remain unchanged. The differences between how the federal government has classified medical marijuana versus legal states is causing a large amount of confusion, but one thing remains clear. In states with legal medical marijuana programs, the federal government has consistently stated they are not looking to penalize individual patients. The real confusion remains over dispensaries and marijuana business efforts.

Want to find out more about Medical Marijuana in Arizona , then visit Arizona MMC’s site on how to choose the best medical marijuana card Arizona doctor for your needs.