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  • April 30th, 2013

    Medical Marijuana: State Law versus Federal Law

    So far the states that have legalized Medical Marijuana are Alaska, Arizona, California, Colorado, Connecticut, The District of Columbia, Delaware, Hawaii, Maine, Massachusetts, Michigan, Montana, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont and Washington.  Each state has its own set of standards regarding the amount of marijuana the individual can have for personal medicinal use and whether or not the individual may grow their own and how much the person is permitted to grow.  The quantity of usable marijuana that a person can possess ranges for one ounce in Nevada up to twenty four ounces in Washington.  The amount of plants that a medicinal marijuana cardholder may grow on their property ranges from zero plants in New Jersey to twenty four plants in Oregon.

    Today’s legal environment for marijuana is much like it was during Prohibition only instead of alcohol it is THC that is the controversial substance.  Unlike alcohol, marijuana is used not just recreationally but also medicinally but has not been accepted as universally as other traditional medications.  Although during Prohibition there were some physicians who actually wrote prescriptions for alcohol for some “patients”.

    Today, the THC in the marijuana has been generally accepted as a substance that has redeeming medicinal value, especially for patients in pain management and who are undergoing cancer treatment to relive nausea.  Today’s medical marijuana patients are not just trying to scam the system like those during Prohibition.  However, patients in pain management programs are subject to drug tests to make sure that they are not abusing their pain medication and during such drug tests the THC will show up in the results and jeopardize their acceptance into the program.  It is an unfortunate Catch 22 for some whose only relief from the side effects of the pain treatment is the THC found in the marijuana plant.

    (To Be Continued)

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