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Medical Marijuana

Page history last edited by Robert Hackett 10 years, 3 months ago

Note: please note that this issue overview should (a) contain links to additional information on this topic that is focused either the local, state, national, or global level, and (b) be neutrally presented, based on facts, and include footnotes for each of the items.  See the Research Guide and Information Sources to assist you. 

 

 

Goal Statement   one sentence that further defines the topic 


  • To legalize medical marijuana so it can be regulated by the government for medical use. 

 

Policy Options / Model Programs   specific policies or program models, grouped by type, that are profiled 


  • Marijuana is a potent pain-killer. Many medical organizations advocate for its use, especially for terminal cancer      and AIDS patients who can find little relief elsewhere. 
  • The simplest way to legalize medical marijuana currently is on a state-by-state basis. This is done by state legislatures. Although the federal government could still prosecute users, the Obama administration has ceased federal raids, effectively making state laws supreme.

  • Efforts to change marijuana laws on the federal level involve the Comprehensive Drug Abuse Prevention and Control Act of 1970. This legislation includes Controlled Substance Act, which classifies cannabis as a Schedule I drug - unsuitable for any medical uses. Schedule I drugs are highly controlled.

  •   Federal legislation aimed to legalize medical marijuana focus on rescheduling marijuana to a lower level of classification under the Controlled Substance Act. This would allow marijuana to be used legally for medicine.

  • Legislation would need to pass through the House subcommittee on Health, part of the House Energy and Commerce Committee. Senate action would go through the Senate Committee on Health, Education, Labor, and Pensions.
  • Drugs may also be reclassified by the Executive branch. This is done through a lengthy petitioning process, involving the Drug Enforcement Administration, the Department of Health and Human Services, and the Attorney General.

 

Local/State/National Information    additional information on this topic at the local, state, national, global level


  • National: All marijuana (cannabis) is illegal, per the federal Controlled Substances Act of 1970. The 2005 Supreme Court decision of Gonzalez v. Raich established that the federal government had power to regulate all forms of marijuana under the Commerce Clause.

  • State: The following states have legalized medical marijuana:
      • Alaska
      • California
      • Colorado
      • Hawaii
      • Maine
      • Maryland
      • Michigan
      • Montana
      • Nevada
      • New Jersy
      • New Mexico
      • Oregon
      • Rhode Island
      • Vermont
      • Washington
  • Although these states have legalized medical marijuana (in various amounts), the federal government may still prosecute medical marijuana users under federal law.

 

Glossary of Terms   key words or phrases that the layperson needs to know to understand this issue 


  • Cannabis: The botanical name for the plant from which marijuana comes.

  • Marijuana: a strong-smelling plant from whose dried leaves a number of euphoriant and hallucinogenic drugs are prepared
  • Schedule I substance: The drug or other substance has a high potential for abuse. The drug or other substance has no currently accepted medical use in treatment in the United States. Other Schedule I substances include LSD and heroin.

 

Bibliography    


 

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