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  • April 26th, 2013

    Medical Marijuana: State Law versus Federal Law

    It is hard to believe that it has been over thirteen years since the first medical marijuana legalization law was passed in the country.   California became the first state to recognize the medicinal benefits of THC contained in the marijuana plant in 1986.  Since then seventeen more states and the District of Columbia have also legalized the use of medical marijuana but the Federal Government still considers marijuana a Schedule 1 substance under the Controlled Substance Act.  This means that the Federal Government considers the THC in marijuana to have no accepted medical use with a high potential for dependency among people who choose to smoke pot.  Hmmm, a high potential for dependency with no accepted medical use?  Sounds like alcohol could be a Schedule 1 substance, but I digress.

    In 2009, President Obama encouraged federal prosecutors not to prosecute people who distribute marijuana for medical usage in those states that have enacted medical marijuana laws.  Encouraging is not the same as legalizing so according to federal law, the distribution of marijuana for medical usage is still a federal offense.

    California’s Proposition 215 changed the landscape of marijuana laws for the rest of the country.

    Having a medical marijuana card is not some get out of jail free gimmick.  Most states that have legalized the use of medical marijuana have some type of patient registry and a fee for a medical marijuana card to afford those who are registered as medical marijuana patients some sort of protection from being arrested for possession of marijuana if they are found with marijuana on their person up to a certain amount.

    (To Be Continued)

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