Wikis
In the United States, it is important to differentiate between medical cannabis at the federal and at the state level. At the federal level, cannabis per se has been made criminal by implementation of the Controlled Substances Act but as of 2009, new federal guidelines have been enacted. According to U.S. Attorney General Eric Holder, "It will not be a priority to use federal resources to prosecute patients with serious illnesses or their caregivers who are complying with state laws on medical marijuana, but we will not tolerate drug traffickers who hide behind claims of compliance with state law to mask activities that are clearly illegal."[1][2][3] It is also important to note that a recent ABC news poll shows that 81 percent of Americans believe that medical marijuana should be legal in the United States.[4]
Contents |
The Federal Food, Drug, and Cosmetic Act makes the U.S. Food and Drug Administration (FDA) the sole government entity responsible for ensuring the safety and efficacy of new prescription and over-the-counter drugs, overseeing the labeling and marketing of drugs, and regulating the manufacturing and packaging of drugs.[5] The FDA defines a drug as safe and effective for a specific indication if the clinical benefits to the patient are felt to outweigh any health risks the drug might pose. The FDA and comparable authorities in Western Europe including the Netherlands, have not approved smoked marijuana (some because of the problems related to smoking per se) for any condition or disease.[6][7] Cannabis remains illegal throughout the United States and is not approved for prescription as medicine, although 14 states - Alaska, California, Colorado, Hawaii, New Jersey, Maine, Michigan, Montana, Nevada, New Mexico, Oregon, Rhode Island, Vermont, and Washington - approve and regulate its medical use. The federal government continues to enforce its prohibition in these states. However, there are also 3 states, Arizona, Massachusetts, and Maryland, whose drug laws are favourable towards the medicinal use of marijuana, in the latter case making it a non-incarcerable offense with a maximum penalty of a $100 fine,[8] but which still explicitly ban it. Most recently, in the 2008 election Michigan passed a referendum permitting the use of marijuana for medical purposes.
Potential health benefits aside, marijuana remains a U.S. federally controlled substance, making possession and distribution illegal. It has been estimated that an average marijuana clinic distributes a pound of cannabis per day,[citation needed] making acquisition a critical challenge. This acquisition may have to resort to more traditionally crime-associated, black-market sources, contributing to crime in communities. This point was illustrated in early 2007, with the murder of Denver, Colorado area medical cannabis activist Ken Gorman.[9]
Researchers face similar challenges in obtaining medical cannabis for research trial. Recently, the FDA has approved a number of cannabis research clinical trials, but the Drug Enforcement Agency has not granted licenses to the researchers in these studies.
Cannabis was listed in the United States Pharmacopeia from 1850 until 1942.[10] The United States federal government does not currently recognize any legitimate medical use, although there are currently five patients receiving cannabis for their various illnesses through the Compassionate Investigational New Drug program that was closed to new patients in 1991 by the George H. W. Bush administration. Francis L. Young, an administrative law judge with the United States Drug Enforcement Agency, in 1988, declared that "in its natural form, [cannabis] is one of the safest therapeutically active substances known."[11] Fourteen U.S. state laws currently allow for the medicinal use of cannabis,[citation needed] but the United States Supreme Court ruled that the federal government has the right to regulate and criminalize marijuana also in these states, even for medical purposes.
The term "medical marijuana" post-dates the U.S. Marijuana Tax Act of 1937, enacted by the Franklin D. Roosevelt administration, the effect of which made cannabis prescriptions illegal in the United States.
The medical use of cannabis was endorsed by 58% of voters in Alaska in November 1998 and the law became effective on March 4, 1999. The law legalizes the possession, cultivation and use of cannabis for patients who have received a certificate from a doctor confirming they can benefit from the medical use of cannabis. The conditions and symptoms eligible are: cachexia, cancer, chronic pain, epilepsy and other conditions characterized by spasms, chronic glaucoma, HIV or AIDS, multiple sclerosis and nausea. The state maintains a confidential list of patients who are assigned an identity card.[12]
Information about medical cannabis in the U.S. western state of California can be found here: [2]. In 1996 California voted Proposition 215, also called the Compassionate Use Act, into law. CA Senate Bill 420 was passed in 2003 to clarify Proposition 215 by specifying statewide minimum limits on possession of marijuana and enact a Statewide Medical Marijuana ID Card Program (the G214 card). As of January 16, 2008, only 36 of 58 counties are issuing cards in the program, with 18,847 cards having been issued,[13] however, participation in the ID Card program is optional and the identification card is not required to claim the Act's protections.[14]
On November 5, 1996 56% of voters approved Proposition 215. The law removes state-level criminal penalties on the use, possession and cultivation of marijuana by patients who possess a "written or oral recommendation" from their physician that he or she "would benefit from medical marijuana." Patients diagnosed with any illness where the medical use of marijuana has been "deemed appropriate and has been recommended by a physician" are provided with legal protection under this act. Conditions typically covered by the law include: arthritis; cachexia; cancer; chronic pain; HIV or AIDS; epilepsy; migraine; and multiple sclerosis, with other less debilitating conditions like insomnia, reduced appetite, anxiety, and PTSD often treated also. No regulations regarding the amount of marijuana patients may possess and/or cultivate were provided by this act, though the California Legislature adopted guidelines in 2003.[15]
"Across California there are an estimated 2,100 dispensaries, co-operatives, wellness clinics and taxi delivery services in the sector known as “cannabusiness”. That is more than all the Starbucks, McDonald’s and 7-Eleven outlets in the state put together."[16]
In 2009, California Assembly Bill 390 was introduced. If passed, it would legalize the sale of marijuana to those twenty-one and older.
Information about medical marijuana in Colorado can be found here:[17] . On November 7, 2000, 54% of Colorado voters passed Amendment 20, which amends the Colorado State constitution to allow the medical use of marijuana.[12] Patients can possess not more than 2 oz. (almost 57 g) of "usable marijuana" and not more than 6 marijuana plants, and they may neither take their medicine in public, nor even on their own property, if the public can see them taking it.[12]
In November 2009 in Breckenridge Colorado 70 percent of voters elected to amend the town code to remove all criminal and civil penalties, including fines, on the private possession of up to one ounce of marijuana. Over 70 percent of local voters said ‘yes’ to a similar statewide (but unsuccessful) measure in 2005.
In Hawaii, Senate Bill 862 became law on June 14, 2000. Patients can possess a maximum of 1 ounce of usable marijuana and a maximum of 7 marijuana plants.[12] Information about medical marijuana in Hawaii is available at: [3].[12]
A bill legalizing medical marijuana passed in the state Senate on May 27, 2009 by a 30-28 vote. The bill has cleared a state House committee and may come up for a vote in that chamber before the end of the year.[18]
On November 2, 1999, 62% of voters in the State of Maine passed Question 2. Patients or their primary physicians could possess a maximum of 1 1/4 ounces (35 g) of usable marijuana and a maximum of 6 plants. The law was amended when Maine Senate Bill 611 was signed into law on April 2, 2002, increasing the maximum quantity of usable marijuana a patient is allowed to possess to 2 1/2 ounces.[12] Information about medical marijuana in Maine is available at www.mainecommonsense.org.
November 2009 Maine voters approved Question 5, the Maine Marijuana Medical Act. The measure amends existing state law by: establishing a confidential patient registry, expanding the list of qualifying conditions for which a physician may recommend medicinal cannabis, and by allowing for the creation of non-profit state-licensed dispensaries to assist in the distribution of medical cannabis to qualified patients.
The legislature of Maryland passed a "medical marijuana affirmative defense law" in the year 2003.[12] If someone is being prosecuted by the state for certain marijuana related crimes, then the court is required by law to consider a defendant's "medical necessity."[12] If medical necessity is proven after arrest and in court, then it is state law that the defendant can only be presented with a $100 fine at the state level.[12]
On November 4, 2008, Michigan voters passed a measure allowing the use of medicinal marijuana for patients with debilitating medical conditions (including cancer, multiple sclerosis and HIV). The measure also required Michigan's health department to create a registry of qualified patients. Growing marijuana was also approved, for registered individuals using secure facilities.[19] The mandate also included a defense clause that any person, with or without a licensed medical marijuana card, can use its medicinal uses in a court of law as a defense for a case.
On November 2, 2004, voters of the U.S. northwestern state of Montana passed Initiative 148, which took effect immediately.[12] It eliminates criminal sanctions at the state level for medical marijuana authorized by a patient's physician.[12] Possession of as many as six marijuana plants is allowed.[12] More information on medical marijuana in Montana is available here:[20] .
On November 7, 2000 voters in the U.S. western state of Nevada passed Question 9, amending the state constitution to allow for medical marijuana.[12] The state law provides that medical marijuana patients may possess a maximum of 1 ounce (28 g) of usable marijuana and grow a maximum of 7 marijuana plants.[12]
On January 11, 2010, the New Jersey legislature approved a measure legalizing medical marijuana for patients with severe chronic illnesses, the New Jersey Compassionate Use Medical Marijuana Act[21]. Governor Corzine signed the bill into law on January 18.[22]
On April 2, 2007 the governor of the southwestern U.S. state of New Mexico approved Senate Bill 523, which legalizes medical marijuana for patients authorized by the state.[12] More information can be found at: [4].
Information about medical cannabis in the U.S. western state of Oregon can be found here:[23] . The Oregon medical cannabis program has the name, "The Oregon Medical Marijuana Program," which administers the Medical Marijuana Act approved there by the public in November 1998.[24] The Oregon Medical Marijuana Program administers the program within the Oregon Department of Human Services. As of April 1, 2008, there were 16,635 patients registered.[25] Virtually all patients benefiting from the program suffer from severe pain and almost 2500 from nausea. The other conditions are given as epilepsy, AIDS / HIV, cancer, cachexia, chronic glaucoma and tremors caused by Alzheimer's disease.[26]
On January 3, 2006, in the eastern U.S. state of Rhode Island, The Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act (Rhode Island) became law and simultaneously went into effect.[12] It legalizes medical marijuana at the state level, provided that certain conditions are met. Patients can possess a maximum of 2.5 ounces of marijuana and a maximum of 12 marijuana plants.[12]
On June 16, 2009, the Rhode Island state legislature overrode a gubernatorial veto of a bill authorizing up to three medical marijuana dispensaries in the state. The House voted 68-0 for the pot measure and the senate moved it minutes later by a 35-3 count. The new law will make Rhode Island the third state, following New Mexico and California, to allow the sale of medical marijuana. Under the new law, one dispensary will be authorized to open in 2010, to be followed by two more in 2011.[27]
More information is available at: Rhode Island Patient Advocacy Coalition and.[28]
In the state of Vermont, Senate Bill 76 went into effect July 1, 2004, legalizing medical marijuana at the state level, provided certain conditions are met.[12] Patients or their primary doctor are allowed to possess a maximum of 2 ounces of usable marijuana and a maximum of 3 marijuana plants, a maximum of which one can be mature.[12]
Vermont Senate Bill 7 went into effect July 1, 2007 further defining which patients qualify for medical marijuana and how much they may possess without penalty of law at the state level.[12] The amendment allows physicians licensed outside of Vermont to recommend medical marijuana for Vermont patients.[12]
More information about medical marijuana in Vermont is available here:[29] .
The Commonwealth of Virginia was the very first state to pass a medical marijuana law, in July 1979. It exempts physicians and pharmacists from state prosecution for prescribing marijuana or THC for cancer or glaucoma.[30] This law, while still on the books today, never had any practical effect in Virginia whatsoever, and ironically is not widely known, never having been publicised. Lists of states with legal medical marijuana generally do not include Virginia.[31]
The State of Washington adopted a law via elections in November 1998 (Initiative 692), legalizing the use, possession and cultivation of cannabis for patients with a medical certificate. The following conditions are eligible: cachexia, cancer, HIV or AIDS, epilepsy, glaucoma, chronic pain otherwise intractable, and multiple sclerosis. According to the law in Washington,[32] a patient prescribed medical marijuana may only keep a 60 day supply of it.[33]
Arkansas' proposed constitutional amendment to allow medical marijuana is waiting on approval from the Arkansas Attorney General's office, Dustin McDaniel.[34]
The House and the Senate lifted a ban on a D.C. medical marijuana initiative originally approved by voters in 1998 and is currently awaiting signing into passage from President Barack Obama [35]
The South Dakota Coalition for Compassion has launched its petition drive to place the South Dakota Safe Access Act on the ballot in November 2010. This initiative, which was primarily drafted by MPP, plans to ensure that South Dakota patients battling cancer, AIDS, and other life-threatening diseases no longer face prison for trying to relieve their symptoms.
Supporters of legalizing cannabis for medical use range from actors and musicians to politicians, writers, and scientists. Major activists include Steve Kubby, Ethan Nadelmann, Dennis Peron, Angel Raich, Robert Randall,[36] Keith Stroup, and Marc Emery.
Politicians from multiple parties support medicinal cannabis use[37] Democratic members of Congress Barney Frank, Dennis Kucinich, Steve Cohen, and Sam Farr, Republican Congress members Ron Paul,[citation needed] and Dana Rohrabacher, Republican State Senator Bill Mescher, and Libertarian Loretta Nall.
Researchers and scientist advocates include Jay Cavanaugh, PhD, Lyle Craker, PhD, Milton Friedman, PhD, Stephen Jay Gould, Lester Grinspoon, MD, Bob Melamede, PhD[38] and Carl Sagan, PhD.
Writers, such as William F. Buckley, Fred Gardner, Christopher Hitchens,[39] Jack Herer, Peter McWilliams, Salman Rushdie, Ann Druyan, Ed Rosenthal, Rick Steves, Samuel Thompson, and Robert Anton Wilson also support the legalization of medical cannabis.
Musician Melissa Etheridge supports and Patrick Swayze also supported medical cannabis.[40]
On September 25, 2009 on the HBO show Real Time with Bill Maher, Former Governor of New York Elliot Spitzer expressed support for the legalization of medical marijuana.
The 2007 documentary film "Waiting to Inhale" by award winning filmmaker Jed Riffe, examines the debate over medical marijuana and has been a screened in states during medical marijuana campaigns.[41]
Politicians that oppose the medicinal use of cannabis include former Drug Czars Andrea Barthwell, Craig Egerton, William Bennett,[citation needed] Barry McCaffrey,[42] and John P. Walters, former U.S. Presidents George H. W. Bush, Bill Clinton and George W. Bush, congressmen Theodore Sophocleus[43] and Mark Souder,former governor Mike Huckabee[44] and former governor Mitt Romney.[45]
Attorney Generals Michael Mukasey, Janet Reno, and Dan Lungren also prefer cannabis to be illegal, as well as former U.S. Prosecutors Bonnie Dumanis,[46] Carol Lam, and Asa Hutchinson,[citation needed] former Surgeon General Richard Carmona,[citation needed] former Solicitor General Paul Clement, International Narcotics Control Board president Hamid Ghodse, Republican Senior Senator John McCain,[47] and former U.S. Secretary of Health and Human Services Donna Shalala. Conservative talk show hosts, such as Rush Limbaugh[citation needed] and Hal Lindsey, also oppose the use of medical cannabis.
|
|||||||||||||||||||||||
|
|
Search