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Medicinal Marijuana Regulation

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Medicinal Marijuana Regulation

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December 18th, 2011
Brenda Young

Medicinal Marijuana Regulation

Medicinal use of Marijuana has been a controversial topic for decades. Both the Federal and State Governments within the United States regulate the consumption, production, distribution, and transportation of Cannabis within the United States of America. In the recent past Medicinal uses of the drug have come to light allowing states to pass laws allowing for the medical field to make good use of Marijuana for medicinal purposes in patient who fit a criteria decided by the state. The regulation of Cannabis has become a hot topic issue for many Americans. Medicinal Marijuana is regulated on many levels. The United States of America has regulated the use, growth, and distribution of Cannabis for medical purposes. Federal Laws states that any use of marijuana, medical or recreational, is prohibited in the United States. Marijuana is considered to be a Schedule One drug by the Federal Government under the Controlled Substance Act of 1970. The DEA was appointed to be the watch dog of the Marijuana trade within the borders of the United States. According to Controlled Substance Law (1995-2011), “The DEA’s enforcement of the Controlled Substance Act includes investigation and preparation for the prosecution of violators of these laws, on both interstate and international levels,” (para. 2). 16 states and Washington D.C. currently recognize medicinal marijuana use. According to 16 Legal Medical Marijuana States and Dc (n.d.), “state-level criminal penalties on the use, possession and cultivation of marijuana by patients who possess written documentation from their physician advising that they might benefit from the medical use of marijuana" (Laws, Fees, and Possession Limits). Within these 16 states limits on the use of Cannabis for medical reasons differ. Patient ID cards have become a mandated way of recognizing the patients who have prescriptions for valid medical reasons under state laws. Dispensaries in the states that recognize the ID cards will require them to be presented for the purchase of Marijuana. To avoid legal recoil for the possession, consumption, or distribution of marijuana the patient must possess a valid card. Arizona, Delaware, Maine, Michigan, and Rhode Island recognize the patient registration ID card (16 Legal Medical Marijuana States and Dc, n.d.). Each of the 16 states that allow for medicinal marijuana use have individual restrictions on the conditions considered to be legitimate conditions warranting the use of Cannabis for therapeutic reasons. 16 Legal Medical Marijuana States And Dc (n.d.) website states that therapeutic uses for Medicinal Marijuana include Cancer, HIV and AIDS, seizure disorders (including epilepsy), severe nausea or pain, Hepatitis, Crohn’s disease, and Alzheimer’s. Every state has the right to outline what is deemed appropriate use. California allows use for Migraines, anorexia, and many other chronic illnesses. Other states that allow the use of Medicinal Marijuana include Alaska, Colorado, Hawaii, Montana, Nevada, New Jersey, New Mexico, Oregon, Vermont, and Washington who do not require the use of a medical ID card. State Laws also regulate the distribution and possession of Marijuana. On a state by state basis the weight and number amount of plants or dried Cannabis limits apply to those who are allowed to be in possession of the drug for medicinal purposes. In Alaska according to 16 Legal Medical Marijuana States and Dc (n.d.), “Patients or their primary caregivers may legally possess no more than one ounce of usable marijuana, and may cultivate no more than six marijuana plants, of which no more than three may be mature. The law establishes a confidential state-run patient registry that issues identification cards to qualifying patients,” (Laws, Fees, and Possession Limits). Early prohibition laws began the regulation of Marijuana. Stack (2011), “It wasn't until 1914 that drug use was defined as a crime, under the Harrison Act,” (para. 4). Use of Cannabis is seen throughout history and became taboo in the eyes of Americans after finding that many medicinal drugs used were found to be addictive. To this day all narcotic drugs used to treat a variety of conditions are proven to be addictive and are all still widely used in the practice of medicine. Ethical issues and a lack of research studies that prove the effectiveness of Cannabis are the reason the drug has not be legalized in all states. Multidisciplinary Association for Psychedelic Studies is working on research to show the usefulness of medicinal Marijuana in a therapeutic situation. According to "Research Medical Marijuana" (2011), “The National Institute on Drug Abuse’s monopoly on the supply of marijuana for research and the DEA's refusal to allow researchers to grow their own has effectively paralyzed medical marijuana research,” (para. 2). Medicinal Marijuana has been used for centuries to treat a variety of illnesses. Because of current laws prohibiting the distribution, consumption, possession, or transporting of the Schedule One drug Americans have very limited access to Cannabis for therapeutic purposes. Sixteen States have allowed for the Medicinal use of Marijuana under the strict regulation of state law. These State Laws will not prevent the prosecution of offenders under federal law but will allow patient with valid prescriptions to avoid state prosecution.

References
16 Legal Medical Marijuana States and DC. (n.d.). Retrieved from http://medicalmarijuana.procon.org/view.resource.php?resourceID=000881
Controlled Substance Law. (1995-2011). Retrieved from http://www.hg.org/control.html
Research Medical Marijuana. (2011). Retrieved from http://www.maps.org/research/mmj/
Stack, P. (2011). Medicinal Marijuana. Retrieved from http://www.time.com/time/health/article/0,8599,1931247,00.html

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