Dear Readers,

Whether you are for or against it, the topic of medical marijuana usually elicits very strong opinions. This controversial subject has been generating some press lately on a few fronts.

On April 17, Rep. Barney Frank (D-Mass), introduced two pieces of legislation that would provide for the medical use of marijuana in accordance with the laws of the various states (HR 5842); and to eliminate most federal penalties for possession of marijuana for personal use, or for the not-for-profit transfer between adults of marijuana for personal use (HR 5843).

The Act to Remove Federal Penalties for the Personal Use of Marijuana by Responsible Adults (HR 5843) would eliminate most federal penalties for possession of marijuana for personal use and for not-for-profit transfer between adults. The Medical Marijuana Protection Act (HR 5842) would prohibit the federal government from imposing restrictions on states that have passed laws to allow marijuana for medical use. For instance, physicians in these states would be able to write prescriptions for or recommend marijuana for medicinal use; “authorized patients” or individuals acting on their behalf would be allowed to obtain, possess or transport within the state, marijuana for medical use; and pharmacies or other state-authorized entities would be allowed to distribute medical marijuana to “authorized patients” or individuals acting on their behalf.

Since the early 1970s, 12 states have enacted laws that legalize medical marijuana. However, because the federal government classifies marijuana as a Schedule I drug – meaning that it has a high tendency for abuse and no accepted medical use – physicians who prescribe marijuana, even in states where it is legal for them to do so, are susceptible to federal sanctions, as are any persons who obtain or possess the drug.

This ambiguity between federal and state laws has long been a source of frustration for law enforcement, physicians and people who are seeking relief from various medical ailments, through marijuana. Recently, in Mendocino County, Calif. – a major supporter of medical marijuana – amid complaints from residents and law enforcement officials, a local ballot measure is being considered, proposing new limits on how medical marijuana is manufactured, sold and obtained. This stems from law enforcement speculation that some of the grow houses and clubs that are supposedly operating merely as medical marijuana providers, may actually be large-scale distributors. Several cities have adopted moratoriums on medical marijuana clubs, and others have banned the clubs outright, pending investigations and solutions to address the problems.

Under a state law that took affect in 2004, counties in California can set their own limits for medical marijuana – currently, Mendocino allows growers to possess 25 mature plants, whereas most counties allow only six plants.
With some state and local governments re-examining existing medical marijuana laws, and other states considering laws for medical marijuana and decriminalization of marijuana, should the federal government continue to subvert state laws, or should it step back and allow states decide for themselves?

I encourage you to share your thoughts. You can reach me by email at This e-mail address is being protected from spambots. You need JavaScript enabled to view it , or by mail. I look forward to hearing from you.

Sincerely,

Stephanie L. Muller
Editor
Counselor,
The Magazine for Addiction Professionals
A Health Communications Inc. Publication

This article is published in Counselor, The Magazine for Addiction Professionals, August 2008, v.9, n.4, pg.9.

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Jonathan King  - fella passin' by   |71.204.150.xxx |2008-08-28 17:23:53 The federal government has no -- zero -- business interfering with the will of the states in this matter. It does so only under the de facto protection of general confusion about medical cannabis, and a bully-boy approach to dealing with state and local regulators. So, no, I don't think the feds have right on their side. Schedule 1 for pot? Give unto me a freakin' break -- prohibition has been a tragic joke since the 1930s, a complete waste of taxpayer money and, all too often, the lives of everyday consumers. As to your other major point, it seems clear to me that concern over potential abuse of 'permissive' state and local laws by profit-seekers is entirely misplaced, for it's only the illegality of cannabis that drives extortionate pricing. Eliminate draconian controls, and remove the threat of federal intrusion, and not only will the underground trade disappear, but the current high price of dispensary cannabis will inevita... Reply 0   0

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