Can a doctor give medical marijuana to a patient under federal law?
Discrepancies between federal and state medicinal marijuana laws have placed doctors—and patients—in a difficult situation: to provide their patients with medicinal marijuana, doctors must risk violating federal law and, potentially, the revocation of their Drug Enforcement Agency (DEA) licenses [3].
What is the federal government’s position on medical marijuana?
Despite the legal actions taken by these states, the federal government’s position regarding the use of medical marijuana remains clear. In June 2011, the Drug Enforcement Administration (DEA) denied a petition to reschedule marijuana and reiterated that there was no scientific or medical evidence to support such a move.
Why didn’t Charlotte’s Doctor recommend marijuana?
The Figis contacted hundreds of doctors who refused to recommend marijuana for Charlotte, either because of her age, their opinions of the plant’s efficacy, or fears of violating federal law [1]. Finally the Figis found two doctors, Margaret Geddy and Alan Shackelford, who were willing to recommend marijuana for Charlotte.
Is Arizona's medical marijuana law unwise?
"The extent of that protection may be unwise," Howe continued. He noted the federal government does not attribute any medical value to marijuana but added the wisdom of Arizona's medical marijuana law is not an issue in this case.
What is the name of the Illinois law that was initially passed to regulate medical marijuana?
The Cannabis Regulation and Tax Act (Illinois House Bill 1438) is an act legalizing and regulating the production, consumption, and sale of cannabis in Illinois. It was approved by both houses by May 31, 2019 and came into effect January 1, 2020.
What is the Pennsylvania medical marijuana Act?
The Act provides protections for employees certified to use medical marijuana and in particular, it prohibits employers from discriminating or taking an adverse action against an employee “solely on the basis of the employee's status as an individual who is certified to use medical marijuana.” Employers, however, are ...
What is the Compassionate Use Act?
Proposition 215, or the Compassionate Use Act of 1996, is a California law permitting the use of medical cannabis despite marijuana's lack of the normal Food and Drug Administration testing for safety and efficacy.
When was the Compassionate Use Act passed?
On November 6, 1996, the California Compassionate Use Act (Health & Safety Code 11362.5) took effect, making it legal for patients with certain illnesses and approval from a licensed physician to for medicinal purposes and for their designated primary caregivers to cultivate the drug.
Does Pa protect medical marijuana patients?
The Pennsylvania Medical Marijuana Act (Act 16) protects registered patients from unfair discrimination in the workplace without requiring employers to violate federal law.
What is the 64th Amendment?
Effective November 9, 2016, Proposition 64 legalizes specified personal use and cultivation of marijuana for adults 21 years of age or older; reduces criminal penalties for specified marijuana-related offenses for adults and juveniles; and authorizes resentencing or dismissal and sealing of prior, eligible marijuana- ...
What does Prop 215 mean?
215 is another term for the Compassionate Use Act of 1996. Prop. 215 was the first statewide medical marijuana measure voted into law in the United States. Prop. 215 provides protections to seriously ill persons who have their doctor's recommendation to use marijuana for medical purposes.
What does Proposition 215 provide and why does it conflict with federal law?
Proposition 215 allows patients to cultivate their own marijuana simply because federal laws prevent the sale of marijuana, and a state initiative cannot overrule those laws. Proposition 215 is based on legislation passed twice by both houses of the California Legislature with support from Democrats and Republicans.
In what year was sb523 the Lynn and Erin compassionate use Act issued into New Mexico law?
2007Background: New Mexico became the 12th state to allow medical cannabis with the Lynn and Erin Compassionate Use Act in 2007 (Senate Bill 523). More than 30 states have Medical Cannabis Programs.
What are the laws on marijuana?
Scientists at universities and private labs who receive federal money must abide by federal marijuana laws and regulations, regardless of state marijuana laws. Marijuana's status as a Schedule I substance under federal law severely limits access to the plant. As a result, researchers know little about: 1 the benefits and risks of using marijuana for medical purposes, especially when the substance is used over a prolonged period of time 2 at what point users will become impaired behind the wheel 3 the compounds in marijuana vaping cartridges, which might account for the deaths and illnesses of e-cigarette users, and 4 how to reduce the environmental impacts of growing marijuana.
What to do if you are charged with a federal crime for marijuana?
If you have been charged with a federal crime for marijuana-related activities, choose a lawyer with experience practicing in federal court.
Why does marijuana rot in Oregon?
For example, hundreds of pounds of marijuana rots in Oregon because the state cannot export it across state lines, even to neighboring Nevada, where use of marijuana for medical purposes is legal, but where marijuana is much more difficult to grow.
Do police make arrests for marijuana?
Law enforcement officers make the vast majority of arrests for marijuana offenses under state, not federal law. In 2018, police officers in the United States made more arrests for marijuana offenses, mostly possession, than for any other drug, according to FBI data from 2018.
Can states prevent federal prosecutions of medical marijuana users?
In practical terms, this means that states cannot prevent federal prosecutions of their citizens who are using medical marijuana, but by making such use noncriminal under their own laws, they can eliminate state prosecutions of those citizens under state law.
Which amendment provides for an exception when it comes to the exercise of police powers?
The Supremacy Clause and the Tenth Amendment. The Supremacy Clause of the United States Constitution (Article VI, Clause 2) establishes that federal law controls when state law and federal law conflict. The Constitution itself, however, provides for an exception when it comes to the exercise of police powers.
Can federal prosecutors pursue marijuana cases?
In 2018, under President Trump's administration, the DOJ abruptly terminated this policy and announced that federal prosecutors can pursue criminal cases whenever state and federal marijuana laws collide.
Which clause of the law allows the federal government to regulate cannabis?
In 2005, the U.S. Supreme Court ruled that the federal government has the right to regulate and criminalize cannabis in states, under the commerce clause.
When was cannabis legalized?
Cannabis was considered a legal medicine in the U.S. from 1850 to 1942. Then, in 1937, President Roosevelt enacted the Marijuana Tax Act of 1937, which made the prescription of cannabis illegal. The efforts to pass this law were rooted in immigration and discrimination issues at the time.
What is Schedule I drug?
A Schedule I substance is a drug or other substance with a high potential for abuse and has no currently accepted medical use in treatment in the U.S, and has a lack of accepted safety for use. Over the last two decades, states have passed legislation to legalize possession and use of marijuana, not only for medical purposes, ...
What issues may arise from a positive drug test?
What issues may arise? As a patient, you may face issues with access to care or quality control. In some cases a positive drug test may impact treatment decisions and there is little regulation of the medical marijuana industry. So, you may not be aware of the potency, quality, effects, or potential contamination of the medical marijuana you are ...
Is marijuana legal in some states?
For example, some states require patient registry or ID cards, some allow for dispensaries or retail sales, and some states only allow use for specific medical conditions, such as epilepsy. Some states do not actually legalize medical marijuana, but allow it to be used as legal defense to criminal possession.
Is it important to stay up to date on medical marijuana laws?
Issues may arise with how to adequately advise patients, or if you may be advising your patient to do something illegal. It is important to stay up-to-date on your state laws regarding medical marijuana use and how it may affect your patients’ health.
Is medical marijuana allowed in New Mexico?
This case and several others have set precedent in some states that a reasonable accommodation to allow use of medical marijuana, is not required.