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Medical marijuana, or medical cannabis, refers to marijuana that is used to treat diseases, improve medical symptoms, or provide therapy. As of May 2021, the use of marijuana for medicinal purposes had been legalized or decriminalized by state law in 36 states and Washington D.C. However, federal law does not permit the use or possession of marijuana for any purpose, including medical use, outside of research programs approved by the Food and Drug Administration (FDA).^[1][2]

Federal law[edit]

While 36 states and Washington D.C. had legalized the use of medical marijuana as of November 2019, marijuana use has remained criminal at the federal level in the United States. The Controlled Substances Act (CSA) of 1970 classified marijuana as a Schedule I drug and considered it to have "no currently accepted medical use and a high potential for abuse." Outside of research programs approved by the Food and Drug Administration (FDA), the use of marijuana is illegal for any reason. In 2013, the United States Supreme Court ruled 6-3 in Gonzales v. Raich that the Commerce Clause and Supremacy Clause of the United States Constitution allowed the federal government to ban the use of cannabis.^[4][5][6]

In December 2014, Congress passed a law that prohibits federal agents from raiding medical marijuana growers in states where medical marijuana is legal, effectively allowing states to legalize medical marijuana. This law does not, however, prohibit raids against recreational growers.^[7]

On December 20, 2018, President Donald Trump (R) signed the Agricultural Improvement Act of 2018, more commonly known as the 2018 Farm Bill, into law, which legalized the production of hemp by removing it from the Schedule I list of controlled substances under federal law. The bill defined hemp as any cannabis plant, or part of a cannabis plant, that contains less than 0.3 percent of THC, the substance that gives cannabis its psychoactive properties.^[8] By extension, cannabis oil, or cannabidiol (CBD)—one of the non-psychoactive ingredients found in marijuana—was also made legal under federal law so long as it contained less than 0.3% THC.^[9] Despite the legalization of hemp and CBD at the federal level, individual states retained the ability to prohibit the materials.

State laws[edit]

As of May 2021, 36 states and Washington, D.C., had passed laws legalizing or decriminalizing medical marijuana. Additionally, 10 states had legalized the use of cannabis oil, or cannabidiol (CBD)—one of the non-psychoactive ingredients found in marijuana—for medical purposes.^[10] In one state—Idaho—medical marijuana was illegal, but the use of a specific brand of FDA-approved CDB, Epidiolex, was legal.^[11] Based on 2019 population estimates, 67.5 percent of Americans lived in a jurisdiction with access to medical marijuana.

Unique instances[edit]

Idaho: In 2015, the Idaho State Legislature passed a bill legalizing certain types of CBD oil that was later vetoed by Governor Butch Otter (R). In response, Otter issued an executive order allowing children with intractable epilepsy to use Epidiolex in certain circumstances. ^[12]

South Dakota: In 2019, the South Dakota State Legislature passed a bill amending one section of law by adding Epidiolex to its list of controlled substances. The bill also exempted CBD from the state's definition of marijuana in that section.^[13] Elsewhere in state law, CBD was not exempted from the definition of marijuana. This discrepancy led to confusion that left the legal status of CBD in the state unclear for a year.^[14]

After the 2019 changes, Attorney General Jason Ravnsborg (R) issued a statement, wherein he argued all forms of CBD oil, apart from Epidiolex, were illegal under state law.^[15] Several state's attorneys expressed disagreement with the Attorney General's statements. Aaron McGown and Tom Wollman, state's attorneys for Minnehaha and Lincoln counties, respectively, issued a joint statement where they said the discrepancy left legality open to differing interpretations. Mark Vargo, the Pennington County state's attorney, said his office would not prosecute CBD cases based on his interpretation of the state law.^[14]

On March 27, 2020, Gov. Kristi Noem (R) signed House Bill 1008 into law, which legalized industrial hemp and CBD oil in the state.^[16]

The table below the map details when legalization occurred in each state and also includes a link to the state's program or registry (if available as of March 2019)

Support and opposition[edit]

The Marijuana Policy Project, a nonprofit organization that advocates for the legalization of medical marijuana, argues that marijuana has proven medical benefits in treating conditions such as cancer, glaucoma, and HIV/AIDS:

They also argue that the dangers of marijuana are minimal, with few side effects and low chance of addiction.^[19]

According to the Foundation for a Drug-Free World, a nonprofit that advocates against drug consumption, marijuana use has a high potential for abuse and has negative effects on the heart and lungs, as well as increasing risks of schizophrenia:

There are also concerns about the unknown effects of long-term use of marijuana, as the use of medical marijuana is still a new practice.^[19]

Polling[edit]

According to an October 2015 Gallup poll, support for marijuana legalization has grown over time, with 58 percent of respondents supporting legalization compared to 12 percent in 1969. Below is a table with figures on support for marijuana legalization by age group over time. According to Gallup, these numbers "indicate that one reason Americans are more likely to support legal marijuana today than they were in the past is because newer generations of adults, who are much more inclined to favor use of the drug, are replacing older generations in the population who were much less inclined to want it to be legalized."^[21]

Noteworthy events[edit]

Florida[edit]

On May 25, 2018, Judge Karen Gievers of the Florida Second Circuit Court ruled that a 2017 law prohibiting individuals from smoking medical marijuana violated the constitutional amendment, adopted in 2016, that provided for the legality of medical marijuana. Gievers wrote, "[Florida residents] have the right to use the form of medical marijuana for treatment of their debilitating medical conditions as recommended by their certified physicians, including the use of smokable marijuana in private places." The Florida Department of Health indicated that it would appeal, thereby imposing an automatic stay of Gievers' decision. Devin Galetta, a spokesman for the health department, said, "This ruling goes against what the legislature outlined when they wrote and approved Florida's law to implement the constitutional amendment that was approved by an overwhelmingly bipartisan majority."^[22]

On March 18, 2019, Gov. Ron DeSantis (R) signed into law a bill allowing for the use of smokable medicinal marijuana. DeSantis had previously indicated that, under his administration, the state would drop its appeal of Gievers's ruling.^[23]

Georgia[edit]

On April 2, 2019, the Georgia General Assembly passed a bill making medical marijuana sales legal in the state. House Bill 324 allows companies and universities to grow medical marijuana and then sell it to the registered medical marijuana patients in the state. The state House passed the bill 147-16, and the state Senate passed it 34-20.^[24]

Georgia Gov. Brian Kemp (R) said of the bill, "Over the years, I’ve met with children who are battling chronic, debilitating diseases. I’ve heard from parents who are struggling with access and losing hope...This compromise legislation is carefully crafted to provide access to medical cannabis oil to those in need. This is simply the right thing to do."^[24]

The bill's opponents argued it could lead to the legalization of recreational marijuana. Senate Regulated Industries Chairman Bill Cowsert said, “Many people recognize this for what it is. This is the first step toward the commercialization of recreational marijuana,,,This is the step where you open the floodgates and you are creating the infrastructure for this industry.”^[24]

Rhode Island[edit]

On October 16, 2018, the Rhode Island Department of Health approved the use of medical marijuana as a treatment for children and adults with severe forms of autism. The regulations, which took immediate effect, established the following conditions for doctors to meet before prescribing medical marijuana to children with autism:^[25]

• Doctors must first try an FDA-approved medication containing cannabinoid (CBD) but not tetrahydrocannabinol, the psychoactive component of marijuana.
• Doctors must consult with a child psychiatrist or pediatric neurologist prior to prescribing medical marijuana.

Rhode Island became the eighth state to allow for the use of medical marijuana as a treatment for autism, joining Delaware, Georgia, Louisiana, Michigan, Oregon, Minnesota, and Pennsylvania.^[26]

Recent news[edit]

The link below is to the most recent stories in a Google news search for the terms Marijuana ballot measure. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.

See also[edit]

• Marijuana on the ballot
• History of marijuana on the ballot

External links[edit]

• National Organization for the Reform of Marijuana Laws
• Marijuana Policy Project, Marijuana Use and Health Effects
• Office of National Drug Control Policy, Answers to Frequently Asked Questions about Marijuana

Footnotes[edit]