The District of Columbia and thirty-nine states have active medical cannabis programs. A number of prohibitionist states are currently entertaining medical cannabis laws of their own. Medical cannabis’ widespread adoption has enabled businesses like Brigham City, Utah’s Beehive Farmacy to thrive. But according to Beehive, the U.S. has not historically been friendly to cannabis.
Beehive Farmacy recommends a basic study of cannabis regulation in the U.S. to understand where we are in today’s legislative environment. From the grower to the processor to the medical cannabis pharmacy and beyond, history plays a key role in current legislative actions. Visit Beehive for more.
Originally Regulated by the States
In the early 20th century, our knowledge of cannabis and its medical uses was quite limited. Cannabis was regulated by the states primarily through poison control and narcotics laws. But things began to change in the 1930s with the Marihuana Tax Act.
The legislation was largely enacted to allow the federal government to collect taxes on hemp. It did not criminalize cannabis possession or consumption. However, it did open the door to early federal regulation. Interestingly, the medical community was largely against the act because it forced doctors to pay taxes when they prescribed cannabis.
Some would maintain that implementation of the Marihuana Tax Act directly led to a steep decline in the hemp industry. Whether or not that’s true, federal regulation was strengthened in 1970 when marijuana was included in the Controlled Substances Act (CSA). It was classified as a Schedule I controlled substance for the purposes of the CSA.
State-by-State Legalization
About the same time the CSA was implemented, a small number of states were already attempting to establish medical cannabis programs. Federal prohibitions prevented any such programs from coming to fruition. However, advocates continued to push.
California made history with its 1996 Proposition 215. The proposition legally authorized medical cannabis in the Golden State. Their success pushed advocates in other states to pursue similar ballot initiatives.
One state after another legalized medical cannabis within its borders. In order to give the states freedom to do so, Congress included a budget rider in 2016 as part of the Rohrabacher-Farr Amendment. The rider prevents the DOJ and DEA from using federal funds to prosecute state-level marijuana crimes.
Decriminalization vs. Legalization
The legal implications of the Rohrabacher-Farr Amendment are critical to anyone who wants to understand marijuana’s current legal status. Marijuana and its derivatives are still illegal as Schedule I controlled substances. What the states have done does not equate to legalization.
State statues do not preempt federal law. Therefore, state legalization efforts amount to decriminalization rather than legalization. Decriminalization is a doctrine that dictates state authorities will not prosecute a targeted crime.
In the case of medical cannabis, federal law still makes it illegal for patients to purchase, possess, and consume cannabis products. But Congress prohibits federal authorities from intervening at the state level. Meanwhile, state lawmakers have taken away the ability to prosecute most marijuana crimes.
Not Fully Decriminalized
Many of the states with active medical cannabis programs have not fully decriminalized cannabis. For example, Utah places limits on the amount of medical cannabis a patient can possess at any one time. Patients are also limited in the amount they can purchase. Exceeding state mandated limits is subject to prosecution.
It all ends up creating a very clear conflict between federal and state laws. But now that you know the history of medical cannabis regulation in the U.S., it should be easier for you to understand the current legal climate. We did not get here by accident.
