Should Medical Marijuana be Federally Legalized?

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Years of resistance by the federal government in recognizing the medical efficacy of cannabis, has forced numerous states to adopt their own medical marijuana laws. The U.S. government continues to maintain that, “marijuana has no currently accepted medical use,” yet twelve states have adopted medical cannabis laws, establishing protections for patients and providers. The States of Alaska, California, Colorado, Hawaii, Maine, Montana, Nevada, New Mexico, Oregon, Rhode Island, Vermont and Washington have all adopted medical cannabis laws, excluding patients and providers from state-level criminal penalties. Medical cannabis laws have been and will continue to be considered in dozens of additional states.

Although Congress and the Courts have not tried to overturn these laws, the government has used tactics of harassment and intimidation to thwart successful implementation of these laws. In 2007, the Drug Enforcement Administration (DEA) conducted more than 50 raids on patients and providers resulting in the closure of dozens of distribution facilities, legal under state law, and more than 100 federal indictments. In addition, the federal government has employed the tactic of threatening landlords with criminal prosecution and asset forfeiture if they continue to lease to medical cannabis providers.

Under these conditions, the effective implementation of state medical cannabis laws is seriously hindered. Minimally, the federal government must cease its effort to undermine these laws. Ideally, the government would recognize established science, and the need by hundreds of thousands of patients in the U.S., and develop a more humane federal policy. Echoing the call by patients and providers for a federal medical cannabis policy are dozens of editorials urging Congress to address this issue.