What an interesting time we’re living in with marijuana. Since the 1970’s, marijuana has been classified by the Drug Enforcement Agency as a Schedule 1 Narcotic. Here are some other Schedule I narcotics: Ecstasy, Heroin, LSD, and Quaaludes.

Schedule 1 is reserved for drugs that have “no currently accepted medical use”. Therefore, physicians are not allowed to prescribe drugs in Schedule 1. Here are the 3 criteria for Schedule 1 placement:

1) The drug’s potential for abuse is high

2) The drug has no current US medical use

3) There is a paucity of accepted safety for drug under medical supervision

This happened in 1970 after the advice of Asst Secretary of Health back then. His letter to Congress said,

“Since there is still a considerable void in our knowledge of the plant and effects of the active drug contained in it, our recommendation is that marijuana be retained within schedule I at least until the completion of certain studies now underway to resolve the issue. If those studies make it appropriate for the Attorney General to change the placement of marijuana to a different schedule, he may do so in accordance with the authority provided under section 201 of the bill. . .

Sincerely yours, (signed) Roger O. Egeberg, M.D

In 1972, those studies were finished with a report produced from the National Commission on Marijuana and Drug Abuse. It recommended decriminalizing marijuana, which was reasonable but went ignored under President Nixon. Ever since then, bills have been introduced and defeated to reschedule marijuana. Most recently, a bill was introduced to delete marijuana altogether from the federal schedules. This would limit the federal government to prevent transfers between states where cannabis remains illegal.

Yes, marijuana is illegal. Since it cannot be prescribed, there are consequences federally for possession, distribution, etc. The The Marijuana Tax Act was brought in 1937 before Congress, which was passed and placed a hefty tax on the sale of cannabis. This tax was equal to about one dollar on those who dealt marijuana commercially. The tax act did not criminalize the possession or usage of cannabis. The AMA went against the bill, arguing that marijuana was not dangerous and that its medicinal use would be severely curtailed by the law. By 4 years later, medical marijuana was taken off the US pharmaceutical market. So essentially marijuana went from being legal and a growing part of the US business society, to heavily taxed in 1937, to illegal in 1970.

Between 1970 and 1996, plenty of research was accomplished, and Marinol (synthetic THC) was approved by the FDA for nausea and vomiting and wasting. The Netherlands actually legalized marijuana in the 1970’s almost overtly. Anyone over 18 can purchase it in a coffee shop openly.

In 1996, CA became the 1st state to legalize marijuana medicinally. Prop 215 allowed patients prosecutorial freedom with a doctor’s recommendation. Since a prescription was not permitted, it was called a recommendation. The federal government at one point in time decided to go after physicians for recommending medical marijuana, but federal court protected doctors as part of the First Amendment. Colorado followed suit in 2000 by legalizing marijuana. Neither state saw extremely widespread use of medical marijuana due to the drug remaining federally illegal.

Over the next few years, more and more states legalized marijuana medicinally. In 2009, the Ogden memo was released from President Obama’s administration. The US attorney’s office stated they would no longer use federal resources to go after patients as long as they complied with state laws. The memo made reference to dispensaries as well. That marked a turning point in the medical marijuana industry, as dispensaries began multiplying exponentially in Montana, California, and Colorado. As of this writing, 16 states plus DC have legalized medical marijuana – one third of the country.

While marijuana laws were being implemented in these states and programs growing, the federal stance changed in mid 2011. It looked like the federal government had decided it wasn’t worth the resources to pursue patients and dispensaries who were abiding by state law. To most medical marijuana arizona patients and businesses who were in compliance with state law, it looked like the federal government was recognizing the legitmate benefits of marijuana for many debilitating conditions.

Whereas before it appeared that the Department of Justice was taking a “hands off” attitude to those abiding by state laws, numerous states received letters in 2011 from US Attorneys marking an attitude shift. Those letters reiterated that patients would not be targeted, but, the stance against dispensaries looked to be different. The letters referred to anyone participating in the selling, distribution, and profiting from marijuana being at risk of prosecution. In one state letter, it even mentioned that state employees who were processing dispensary applications were at risk of prosecution.

Multiple states have put their dispensary programs on hold or are re-evaluating. Some have continued business as usual. So the bottom line with states is it appears patients are fine to receive recommendations and arizona medical marijuana cards. Then growing for themselves or getting marijuana from a designated caregiver or obtaining from a legal dispensary is ok for the patients. But having a dispensary or a growing operation remains a large question mark.

Currently, marijuana remains federally illegal and who knows when the laws or scheduling will be altered. Numerous states have seen the medical benefits and legalized medical marijuana, and approximately 10 other states have pending laws.

Arizona has filed a lawsuit against the Department of Justice seeking clarification on federal versus state law, which was interesting because AZ passed medical marijuana az legalization knowing full well the federal laws regarding marijuana. Those laws remain unchanged. The differences between how the federal government has classified medical marijuana versus legal states is causing a large amount of confusion, but one thing remains clear. In states with legal medical marijuana programs, the federal government has consistently stated they are not looking to penalize individual patients. The real confusion remains over dispensaries and marijuana business efforts..