U.S. Marijuana Use: Federal vs. State Laws - Research Paper

Introduction

The use of marijuana has been a global concern, that has attracted a lot of interest in the United States. In the country, the use, as well as possession of cannabis, is illegal under the federal law for all purposes under the Controlled Substances Act 1970 (The 2019 Florida Statutes, 2019). Although it is classified as a Schedule 1 substance that demonstrates a high potential for substance abuse and having no accepted medicinal value, many state laws have differed with federal law on this notion with research demonstrating that marijuana possesses massive medical value. Studies have demonstrated that the legalization of marijuana can lead to fewer opioid painkiller deaths. Therefore, it has been suggested that medical marijuana can effectively manage chronic pains. Despite these signs of progress, the US federal government does not recognize the medical potential of marijuana. Conversely, 33 states have legalized the use of medical marijuana, and campaigns are continuing to support the idea in the remaining states (Lopez, 2019). This shows that medical usage of marijuana will be a key item in the 2020 elections in the United States.

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With doctor's recommendation, the use of marijuana is permitted in 33 states, while eleven states have adopted even more expansive laws that legalize the use of recreational marijuana. It should be noted that marijuana is a Federal Schedule 1 drug, which implies that it cannot be used for any purposes in the country under federal law (Steiner, 2013). According to the law, marijuana entails any part of the Cannabis plant, whether growing or not. This implies that no part of cannabis can be used under federal law. However, medical marijuana seeks to facilitate treatment or management of medical conditions of patients diagnosed with various conditions such as cancer, glaucoma, AIDS or any terminal condition that causes malignant pain (The 2019 Florida Statutes, 2019).

In Alaska, the legislation removed criminal penalties regarding the cultivation, possession, or use of medical marijuana for patients who have written recommendations from their physicians. Additionally, the law in Florida approves the use of marijuana for qualifying patients, who are diagnosed with debilitating conditions and have medical recommendations by their physicians (NORML, 2018). Although New Hampshire passed the medical use of marijuana in 2013, there have been limits in law especially the requirement of a registry identification card system which can be a tedious process, especially for visiting patients. In this regard, while the policy situation gives leeway to its medical use, there are ambiguities regarding its use especially the limitation of the qualified medical conditions. There is a need for progress in policy evaluation to expand the therapeutic value of cannabis including people with mental disorders, both under the state and the federal laws.

The current federal, as well as the state laws on marijuana in the United States, are governed in part by the international treaty. Although some states have legalized marijuana for medical and even recreational use, buying and selling is still a federal crime. Under the Controlled Substances Act, marijuana is a Schedule I drug which eliminates any potential medicinal value under the federal law (FindLaw n.d.). However, the Drug Abuse Prevention and Control Act 1970 repealed all the previous federal legislation thereby reducing the federal penalties for the possession as well as the sale of marijuana. While it is still prohibited, its possession was reduced from the felony offense to the misdemeanor one. Besides, people in possession of the substance for the first time may have conditional discharge and be put on probation for one year. Additionally, the Uniform Controlled Substance Act 1970 provided more uniformity for the federal and state laws through the classification of marijuana as a hallucinogen instead of a narcotic. However, it can be established that under federal law, the supply and use of marijuana even for medical purposes face a complete prohibition.

To facilitate the use of marijuana for medical purposes, there is a need to change the provision under the federal law for marijuana from schedule I drug to a schedule II drug. This policy will require the DEA to organize marijuana as a schedule II drug that also includes drugs like morphine, methadone, and fentanyl among others. This categorization will consider marijuana to have medicinal value (Boegel, 2018). This will not only allow its use but also facilitate research to evaluate whether marijuana possesses medical value and the dangers that it may possess. It should be noted that the debate on the medical use of marijuana has been based significantly on opinion rather than research. Therefore, the change of provision would facilitate research and subsequent use under medical recommendations by physicians.

The other policy recommendation is the provision of legitimate use of medical marijuana in accordance with the laws of the state applicable. It should be noted that while most of the states allow the use of medical marijuana under certain circumstances, the usage is still a crime under federal law. Therefore, there has been controversy regarding the growth and possession of small amounts of cannabis (Project, 2019). This policy seeks to find a common ground between the federal and state laws where the policy would reschedule marijuana and provide a clarification that federal government cannot restrict prohibiting the possession and use of marijuana for medical purposes as provided in the state laws. Finally, the third policy recommendation is to regulate marijuana use like Alcohol Act. This policy seeks to remove cannabis from the federal controlled substances thereby transferring its enforcement from the Drug Enforcement Agency (DEA) to a Bureau of other substances like tobacco, alcohol, and firearms. Such provision can now allow the states and the federal government to conduct research on medicinal value of marijuana and facilitate its use as a drug.

From the three policy proposals, the most progressive policy recommendation is removal of marijuana from Schedule I drug to Schedule II drugs under the Controlled Substances Act. Considering the medical value that cannabis presents, a rescheduling is imperative as the drug does not meet the strict criteria that require its placement under Schedule I. Therefore, advocacy is required considering that many states are already advocating for the use of drug for medical purposes. Additionally, many countries across the globe and most recently Canada have demonstrated that marijuana possesses few risks to individuals but more potential benefits if used appropriately. Besides, the rescheduling can have a significant budgetary impact by saving billions that require its regulation in Schedule I. Its placement under Schedule II would see annual revenue collection, hence boosting the government. This would ensure that millions of Americans who cannot access medical marijuana could benefit from its therapeutic value. In this regard, rescheduling of cannabis is in line with the promotion of patient rights who are denied access to cannabis for medical purposes, even under recommendation by their doctors.

References

Boegel, E. (2018). Five things you should know about federal and state marijuana laws. America The Jesuit Review. Retrieved from https://www.americamagazine.org/politics-society/2018/01/16/five-things-you-should-know-about-federal-and-state-marijuana-laws

FindLaw. (n.d.). Federal Marijuana Laws. Retrieved from https://criminal.findlaw.com/criminal-charges/federal-marijuana-laws.html

Lopez, G. (2019). Marijuana is legal for medical purposes in 33 states. Vox. Retrieved from: https://www.vox.com/identities/2018/8/20/17938366/medical-marijuana-legalization-states-map

NORML. (2018). Florida medical marijuana law. Retrieved from: https://norml.org/legal/item/florida-medical-marijuana-law

Project, M. P. (2019). Several marijuana-related bills filed in new Congress. Marijuana Policy Project. Retrieved from https://www.mpp.org/policy/federal/

Steiner, M. (2013). Medical marijuana and federal law. Criminal Defense Lawyer. Retrieved from: https://www.criminaldefenselawyer.com/resources/criminal-defense/federal-crime/medical-marijuana-federal-laws.htm

The 2019 Florida Statutes. (2019). Statutes, Constitution, and Laws of Florida. Online Sunshine. Retrieved from: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0381/Sections/0381.986.html