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Medical Marijuana

Medical marijuana has strong support from voters and health organizations. The federal government, however, has resisted any change to marijuana's illegal status at the federal level. The Supreme Court ruled in 2005 in Raich v. Gonzales that the federal government can prosecute medical marijuana patients, even in states with compassionate use laws, and several medical marijuana dispensaries in California have since been subject to Drug Enforcement Administration raids.

Federal Law

In the wake of the June 2005 Supreme Court decision, Congress had an opportunity to protect patients by passing an amendment to a Justice Department spending bill that would have prohibited the department from spending any money to undermine state medical marijuana laws. The amendment, offered for the third year in a row by Rep. Maurice Hinchey (D-22nd/NY) and Rep. Dana Rohrabacher (R-46th/CA), did not pass but got 161 votes - more than it has ever received before. This is substantial progress given that in 1998, the U.S. House of Representatives voted 311-94 for a non-binding resolution condemning medical marijuana.

Marijuana is classified as a Schedule I substance, defined as having a high potential for abuse and no medicinal value. Multiple petitions for rescheduling marijuana have been submitted by reform advocates over the last 30 years. The most recent, submitted in 2002 by the Coalition for Rescheduling Cannabis, calls for a full review of the scientific research and medical practice regarding marijuana. The Food and Drug Administration has yet to respond to this petition.

In 1978, the federal government was forced to allow some patients access to medical marijuana after a "medical necessity" defense was recognized in court, creating the Investigational New Drug (IND) compassionate access program. The IND, which allowed some patients to receive medical marijuana from the government, was closed to new patients in 1992 after it was flooded by applications from AIDS...