State Medical Marijuana Laws Vs Federal Marijuana Law


It seems as if by design… the confusion created between state medical marijuana laws and our federal  marijuana law, are bogged down in the murky gray area of a dysfunctional relationship. While many states have passed medical marijuana initiatives, starting back in 1996 with California, the D.E.A. refuses to recognize them. Thus the Fed’s have cultivated their fair share of confusion within each state, and then within each county that medicinal marijuana can be distributed.

The largest caveat for any medical marijuana patient to understand, is that regardless of why you’re using marijuana, under federal law…it is still illegal. Even if you live in one of the 17 medical marijuana states — or the District of Columbia, if the DEA puts your favorite MMJ collective in their cross-hairs, there done. What happens to the rights of the voters who live in these states, that has gone through the process of passing a marijuana ballot initiatives… and have voter approved marijuana legislation? These states, and their MMJ laws were designed to give chronically ill patients the ability to purchase their much needed medicine from any of the state approved medical marijuana collectives, within their community. Regardless of these safeguards provided by the individual MMJ states, as a medical marijuana patient you are still subject to federal prosecution for any and all possession of marijuana, or the cultivation of any pot plants.

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As there are many states that have medical marijuana laws which have legalized the possession of small amounts of weed, and recognizing a marijuana patient may have restricted access to their needed meds. Some unscrupulous people try and take advantage of this void, and attempt to ship medical marijuana through the mail. Do not be taken in and played for a fool by anyone that runs this type of ad. Anyone who attempts to have marijuana couriered via FedEx, UPS or any other means through the U.S. mail, would be doing so in violation of interstate laws, and could be subject to some serious federal prosecution.

Under federal law, as defined by the controlled substance act, medical marijuana, or cannabis in this case, for whatever reason is classified as a schedule one narcotic. By definition the marijuana plant, as defined by the CSA is “with no excepted medicinal value and treatment.”Well, this sounds nonsensical to anyone that has studied this miracle plants history, for whatever reason the marijuana plant is still classified as a “new drug source.” The unfortunate thing with that classification is that, as with any “New Drug” … its medicinal properties can only be made legally possible through exhaustive and extensive investigation through the IND, or the  Investigational New Drug application — which can only be issued by the same federal government that currently holds a US patent on cannabinoids.

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It seems that they have somehow managed to create a conflict of interest between the fact that they hold the only patent on cannabinoids, while at the same time banning marijuana from further testing, by keeping it locked down as schedule one substance.

As far back as the late 1970s, individual states could no longer ignore the mournful pleads from their constituents. These state inhabitants, which suffered from life-threatening illnesses, only requests was to have unrestricted and legal access to the marijuana plant… strictly for a medicinal purpose. Since the beginning of the states marijuana struggles 40+ years ago, 17+ states have legalized marijuana for the sick that live within those boundaries, and an additional 20+ states have enacted marijuana laws which recognize the medicinal value of this plant. Many of the state laws requested access to this plant so they might do proper research, thereby giving credence to medical marijuana argument, and furthering legal access to the marijuana plant. Many states were forced to create overly complicated research programs, which in turn granted their states citizens the regulated means by which they could access and make donations for the marijuana that helps to improve their quality of life. Many of these programs were unfortunately short lived, as the federal government made a game of, creating a maze of complex regulations, combined with extraneous interventions designed to make the programs far too difficult to manage.

California’s prop 215 was a direct growth from the malaise the federal government had created. As the other states around the country have grown dubious of the federal government’s intentions of allowing individual states right to have proper authority over their citizens and laws that they passed in support of marijuana initiatives to legalize pot for medicinal use. As recent polls have shown for the first time in the country’s history — Over 50% of Americans agree that medical marijuana has a place on our modern day medicine shelves.

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  1. As a registered republican. And a Medical Marijuana Collective Owner. I agree, with Jessica Corry.
    We have been trying to operate our business legally. But, the city shout us down. We put our heart & soul into the business. To provide safe place for our members. So they don’t have to go to the streets.

    • As a registered Republican you must know your party will never legalize Marijuana. They have, and will always, fuel the fire that keeps the ” war on drugs ” going, even though a vast majority of Republicans support legalization.

  2. lonelyjimmyg on

    IMHO, this has become and will stay an issue of states’ rights. The same basic thing happened back in the 1800’s over the right to secede from the federation of states; hence the Civil War. BIG $$$ was at the root of that conflict also…… Please America wake up and see what the feds are doing to our state AND individual rights……. Love, Peace and legal marijuana….; )

  3. Fatty stokins on

    The Federal law is only appicable to Federal citizens,I.E. citizens Of the UNITED STATES OF AMAERICA.Not free born nationals
    Of the United States of America. one is free one is a slave. Look at your drivers License credit cards or Any legal papers with your
    Name on it if it is in all caps you are a strawman and not a free person look up strawman it will really piss you off when you see the
    truth. There is hope however and there is a way fro you to free yourself from the bonds of slavery.
    I have never in my thirty plus years of working EVER paid a single dime to IRS inc. or the SSA, Both are voluntary, And I dont volunteer

  4. i just wanted to say. that i am a patient of mmj in colo. well i had to go to ohio for a custody case for MY SON and was denied because of my medication. what the hell can i do now?

  5. Pingback: Legalize Marijuana and Stop the Prohibition Pals |

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