Medical Marijuana

Michael Scally MD

Doctor of Medicine
10+ Year Member
Medical Marijuana: Review and Analysis of Federal and State Policies
http://www.fas.org/sgp/crs/misc/RL33211.pdf

Mark Eddy
Specialist in Social Policy
April 2, 2010

Summary

The issue before Congress is whether to continue the federal prosecution of medical marijuana patients and their providers, in accordance with the federal Controlled Substances Act (CSA), or whether to relax federal marijuana prohibition enough to permit the medicinal use of botanical cannabis products when recommended by a physician, especially where permitted under state law.

Fourteen states, mostly in the West, have enacted laws allowing the use of marijuana for medical purposes, and many thousands of patients are seeking relief from a variety of serious illnesses by smoking marijuana or using other herbal cannabis preparations.

Two bills relating to the therapeutic use of cannabis have been introduced in the 111th Congress. The Medical Marijuana Patient Protection Act (H.R. 2835), which would allow the medical use of marijuana in states that permit its use with a doctor’s recommendation, was introduced on June 11, 2009, by Representative Barney Frank. The bill would move marijuana from Schedule I to Schedule II of the CSA and exempt from federal prosecution authorized patients and medical marijuana providers who are acting in accordance with state laws. Also, the Truth in Trials Act (H.R. 3939), a bill that would make it possible for defendants in federal court to reveal to juries that their marijuana activity was medically related and legal under state law, was introduced on October 27, 2009, by Representative Sam Farr.

For the first time since District of Columbia residents approved a medical marijuana ballot initiative in 1998, a rider blocking implementation of the initiative was not attached to the D.C. appropriations act for FY2010 (P.L. 111-117), clearing the way for the creation of a medical marijuana program for seriously ill patients in the nation’s capital.

The Obama Administration Department of Justice, in October 2009, announced an end to federal raids by the Drug Enforcement Administration of medical marijuana dispensaries that are operating in “clear and unambiguous compliance with existing state laws.” This move fulfills a pledge to end such raids that was made by candidate Obama during the presidential campaign.

Claims and counterclaims about medical marijuana—much debated by journalists and academics, policymakers at all levels of government, and interested citizens—include the following: Marijuana is harmful and has no medical value; marijuana effectively treats the symptoms of certain diseases; smoking is an improper route of drug administration; marijuana should be rescheduled to permit medical use; state medical marijuana laws send the wrong message and lead to increased illicit drug use; the medical marijuana movement undermines the war on drugs; patients should not be arrested for using medical marijuana; the federal government should allow the states to experiment and should not interfere with state medical marijuana programs; medical marijuana laws harm the federal drug approval process; the medical cannabis movement is a cynical ploy to legalize marijuana and other drugs. With strong opinions being expressed on all sides of this complex issue, the debate over medical marijuana does not appear to be approaching resolution.

This report will be updated as legislative activity and other developments occur.
 

Attachments

Medical Marijuana: Review and Analysis of Federal and State Policies
http://www.fas.org/sgp/crs/misc/RL33211.pdf

Mark Eddy
Specialist in Social Policy
April 2, 2010

Summary

The issue before Congress is whether to continue the federal prosecution of medical marijuana patients and their providers, in accordance with the federal Controlled Substances Act (CSA), or whether to relax federal marijuana prohibition enough to permit the medicinal use of botanical cannabis products when recommended by a physician, especially where permitted under state law.

Fourteen states, mostly in the West, have enacted laws allowing the use of marijuana for medical purposes, and many thousands of patients are seeking relief from a variety of serious illnesses by smoking marijuana or using other herbal cannabis preparations.

Two bills relating to the therapeutic use of cannabis have been introduced in the 111th Congress. The Medical Marijuana Patient Protection Act (H.R. 2835), which would allow the medical use of marijuana in states that permit its use with a doctor’s recommendation, was introduced on June 11, 2009, by Representative Barney Frank. The bill would move marijuana from Schedule I to Schedule II of the CSA and exempt from federal prosecution authorized patients and medical marijuana providers who are acting in accordance with state laws. Also, the Truth in Trials Act (H.R. 3939), a bill that would make it possible for defendants in federal court to reveal to juries that their marijuana activity was medically related and legal under state law, was introduced on October 27, 2009, by Representative Sam Farr.

For the first time since District of Columbia residents approved a medical marijuana ballot initiative in 1998, a rider blocking implementation of the initiative was not attached to the D.C. appropriations act for FY2010 (P.L. 111-117), clearing the way for the creation of a medical marijuana program for seriously ill patients in the nation’s capital.

The Obama Administration Department of Justice, in October 2009, announced an end to federal raids by the Drug Enforcement Administration of medical marijuana dispensaries that are operating in “clear and unambiguous compliance with existing state laws.” This move fulfills a pledge to end such raids that was made by candidate Obama during the presidential campaign.

Claims and counterclaims about medical marijuana—much debated by journalists and academics, policymakers at all levels of government, and interested citizens—include the following: Marijuana is harmful and has no medical value; marijuana effectively treats the symptoms of certain diseases; smoking is an improper route of drug administration; marijuana should be rescheduled to permit medical use; state medical marijuana laws send the wrong message and lead to increased illicit drug use; the medical marijuana movement undermines the war on drugs; patients should not be arrested for using medical marijuana; the federal government should allow the states to experiment and should not interfere with state medical marijuana programs; medical marijuana laws harm the federal drug approval process; the medical cannabis movement is a cynical ploy to legalize marijuana and other drugs. With strong opinions being expressed on all sides of this complex issue, the debate over medical marijuana does not appear to be approaching resolution.

This report will be updated as legislative activity and other developments occur.

The interesting thing here is that nobody seems to realize that it does not take Congressional approval or Supreme Court approval to use Marijuana. The false meme of federal supremacy is on full display here. The federal courts have NO SAY in this. The federal Congress has NO SAY in this. We only believe that they do. However, REAL ID and Medicinal Marijuana are already a reality because states just said no to the federal government. We must begin to understand what the Commerce Clause, General Welfare Clause, and Supremacy Clause meant to the Founder's at the time of ratification. Once we realize from historical records what was meant, it does not take a constitutional scholar to figure out that our country is specifically NOT doing what our Founder's intended. Even those Founders who preferred a strong central government admitted they lost the argument, but apathy and lack of knowledge of constitutional rights by the general public has allowed this behemoth of a government to grow.

Seriously: Marijuana Will Kill ObamaCare | Wolves of Liberty
 
if i shared angels conditions, and you told me i couldnt use marijuana under either the guise of my personal or public saftey, id say your intelligence offended humanity. under the guise of commerce is unconstitutional and cowardly.
problem is pot is schedule 1. without any medical value. says who? ive read comentary from both doctors and researchers whod like the see that schedule go away. herion is on there but ive read commentary from doctors whod like its OPTION opened. it is powerful. many other opiates are on there. some very interesting mind altering substances are on there. tested responsibly and used clinically. drugs like pcp, cocaine and herion all have relatives too. all too dangerous to even think about putting in your body says the fed, even if they dont exist, because of analog drug acts. i wonder if the could word some silly laws together like that for the juice.
of course there should be restrictions. limited, licensed or prescribed use. but now there are NO legal uses for these chems. and the consequences are stiff. tough love? think again. prison is for murders, rapists, robbers and violent criminals. along with politicians.
the underground market also gives a lot of power to some unscrupulous people. rescueduled some of these people may not be so big. al capone. the failed prohibition. al made money in bootleg liquor, prostitution, and gambling. enforced with things like the st valentines day masacare. pablo escobar. took and army to bring him down. one of forbes richest men at the time.our problems at the border. these cartels are outgunning cops and assasinating officials. they are well funded. why? the taliban. said to punish opium cultivation. not after the war. my god the money! regulated responsibly these problems could disappear. but regulated by who? the government is obviously comprimised and corrupt.
and purity issues. round here awhile back some junkies were oding. enought to notice. turns out someone was selling fentanyl as herion. fentanyl is hundreds times more powerful than herion. shit was called body bag. no lie. i think thats wrong. and legal issues cause this. same problem with steriods. comtamination,fakes,wrong stuff. methyl tren overdosed may be a blessing but it may be harmful if you dont know it is. pct meds too. fake, underdosed. uh-oh.
as for real world experience with med marijuana. both my parents smoke. theyve been seperated since i was 2. my stepdad doesnt really smoke.not like that. my mom says for vertigo, and that it helps. i do remember her driving 3-4 hours to see doctors and just lying in bed while we were on vacation. she was quite affected. she now smokes unabashed within reason. we had been estranged awhile and shes in my apartment and says "sorry i gotta do this". click. whatever.
my dad for anxiety. and he IS a nervous guy. always playing silly doomday bullshit in his head. now that hes getting older its worse. so he went to doctor. he gave hime some scripts.paxil, xanax and seroquel. said no pot. ive never taken paxil. but ive dropped bars and yeah, they calm you down. and seroquel made me feel like a zombie. and when i woke, like someone stole my brain. and he takes these everyday. so when he says to me "ergo, i dont feel well, i got no energy." im like yeah dude, i know. it your "meds" . i also think his anxiety is largly in his head. the glass is frequently half empty and he lacks focus.
idk. the war on drugs seems silly, hurtful and a useless limit on options and potential. and who doesnt want the power to choose whats best for themselves. thats what its about. money and power. and since money is power, there you have it folks. JMHO
 
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