The Mississippian cultures built huge settlements across the Southeast, and the Anasazi built elaborate cliff-side towns in the Southwest. These societies were decimated by Old-World diseases such as smallpox and were pushed west by warfare and encroaching European settlers.
The plant was also recognized for its medicinal purposes, even meriting an entry in the edition of the medical reference book United States Pharmacopeia.
These relatively permissive attitudes toward marijuana would, however, change dramatically in the beginning of the 20th century, as social reform movements attempted to eradicate the recreational use and abuse of marijuana and other substances such as alcohol, morphine, and opium.
Local and state jurisdictions codified these prohibitions, passing laws that restricted the non-medical use of marijuana or banned the drug completely. By the time Congress passed the Marijuana Tax Act, a bill that levied a fee on commercial transactions involving the Cannabis sativa plant, every state had laws in place that criminalized the general possession or sale of marijuana.
Despite the regulations and restrictions, the prescription of marijuana for medical use remained legal untilwhen the federal government enacted the Comprehensive Drug Abuse Prevention and Control Act now know as the Federal Controlled Substance Act. Marijuana was categorized as a Schedule I controlled substancemeaning that it was now illegal for physicians to prescribe the drug to their patients.
This petition would wind its way through the federal courts system for 22 years before ultimately being struck down by the District of Columbia Court of Appeals. By31 states and the District of Columbia had passed legislation pertaining to medical marijuana, many of them establishing therapeutic research programs that allowed physicians to distribute the drug to patients enrolled in approved clinical trials.
However, because of the strict protocols involved in obtaining approval, only eight such programs became operational.
In anticipation of a federal policy shift, six states reclassified marijuana as a Schedule II substance. Although this move theoretically allowed qualifying physicians to prescribe marijuana without fear of arrest by local or state police, providers were still subject to federal arrest and prosecution if they recommended the drug.
Even in the states that opted to reschedule on their own, more protection was needed before marijuana could be used for medicinal purposes. Understanding the success of this referendum and its reverberations across American law and culture provides a good overview of the benefits and challenges of local- and state-level reform.
Even before the passage of Propositionmedical marijuana had found support in various regions across California.
In Novemberthe voters of San Francisco passed a measure known as Proposition P, which urged state lawmakers to make marijuana available for medical use. Despite public support for the legislation, then-Governor Pete Wilson vetoed both measures, actions consistent with his strong stance against marijuana use for any purpose.
Recognizing the limitations of attempting reform through the legislature, a long-time activist named Dennis Peron spearheaded a drive to legalize marijuana by bringing the issue directly to state voters in the election.
|Marijuana Taxes: Lessons from Colorado and Washington - Tax Foundation||The evidence is overwhelming that marijuana can relieve certain types of pain, nausea, vomiting and other symptoms caused by such illnesses as multiple sclerosis, cancer and AIDS — or by the harsh drugs sometimes used to treat them.|
|Industry Size & Growth||Federal[ edit ] Alaskan cannabis extract Under federal law, it is illegal to possess, use, buy, sell, or cultivate marijuana in all United States jurisdictions, since the Controlled Substances Act of classifies marijuana as a Schedule I drugclaiming it has a high potential for abuse and has no acceptable medical use. Despite this federal prohibition, some state and local governments have established laws attempting to decriminalize cannabis, which has reduced the number of "simple possession" offenders sent to jail, since federal enforcement agents rarely target individuals directly for such relatively minor offenses.|
This referendum process is a legacy from the Progressive Era of the same time period designed to bolster direct democracy. To get his initiative on the November ballot, Peron needed to gathersignatures, a long and expensive undertaking that required significant organization and financial resources.
On November 5,the Compassionate Use Act passed with the approval of 56 percent of state voters, making California the first state to establish a legal framework for medical marijuana. At its core, Proposition protects patients and their caregivers who cultivate, possess, or use marijuana for pre-approved medicinal purposes from state-level prosecution.
The statute also guarantees that physicians who recommend marijuana for their patients would not be punished by state authorities. Critics of the initiative, however, noted that its language seemed deliberately ambiguous, leaving room for a broader interpretation of its provisions than what initially meets the eye.
For example, Section 1 A of the measure lays out the ailments which would qualify for treatment using medical marijuana: Dennis Peron did not calm such fears by declaring after the passage of Proposition Federal law is unaffected by these propositions.
Finally, Attorney General Janet Reno stated that she was reallocating federal enforcement resources to target California physicians who recommended marijuana to their patients, threatening to revoke their registration with the Drug Enforcement Agency DEA and prohibit them from participating in the Medicare and Medicaid programs.
Despite staunch federal opposition, subsequent court rulings blunted some of the threats, even though they did not provide much clarity on the everyday legality of medical marijuana use in California.
This complaint, known as Conant v. McCaffrey, was settled in September ofwhen the US District Court for Northern California a federal judiciary issued a ruling that limited the ability of federal officials to punish physicians who prescribed medical marijuana under the guidelines of Proposition However, a subsequent Supreme Court decision in Gonzalez v.
Raich maintained that under the Controlled Substance Act, federal law enforcement had the right to punish anyone who dispensed, possessed, or used marijuana, regardless of state laws. Specifically, the justices ruled by a vote of six to three that the Commerce Clause, which gives Congress the power to regulate interstate commerce, allowed the federal government to prohibit the use of marijuana because of its potential for trade on the illicit market.
Because of this designation, biomedical investigators interested in including marijuana in their research must first obtain a special license from the Drug Enforcement Agency DEAand then apply for access to the supply kept by the National Institutes of Drug Abuse NIDA for research purposes.
The challenges involved in obtaining the drug, along with political and financial considerations, have significantly dampened attempts to examining the potential use of marijuana as a therapeutic agent. Donald Abrams, a professor at the University of California, San Francisco who was interested in investigating the potential use of marijuana to counter the weight loss seen in individuals affected by AIDS-wasting syndrome.
Committees from the National Institutes of Health, the American Medical Association, the Institute of Medicine, and the American College of Physicians, have all noted the potential therapeutic uses of marijuana and have called for federal regulations to recognize and allow for such research.A Brief History of Marijuana Law in America.
these efforts have even extended beyond the therapeutic uses of cannabis to successful campaigns in several states to legalize its recreational use.
In , Colorado and Washington state became the first states to vote to legalize recreational marijuana, and since then eight more states plus Washington, D.C.
have followed. CBD oil products made from imported hemp are legal under U.S.
federal law. Since the first statewide medical marijuana laws went into effect in California in , the number of Americans with legal access to what for many is a pleasurable drug has been steadily growing.
There's a lot of confusion and misinformation about marijuana legalization and decriminalization. The two concepts are not the same, and understanding the law in your state and states you travel in can help you avoid accidentally getting ticketed or arrested for possession of marijuana.
WORLD WAR D is a hefty book of pages that serves as a platform for author Jeffrey Dhywood to illuminate his readers on why the use of drugs – whether psychoactive prescription drugs or cocaine or marijuana or heroin or opium or crystal meth, LSD etc – continues to be an ever increasing problem throughout the world.
The use, sale, and possession of all forms of cannabis in the United States is illegal under federal law. As a Schedule I drug under the federal Controlled Substances Act of , cannabis (legal term marijuana) is considered to have "no accepted medical use" and have a high potential for abuse and physical or psychological dependence.