Federal Marijuana Legalization Status
At the time of writing, marijuana is federally illegal. While that may soon change, the only cannabis plant that is currently federally legal is hemp. If hemp and marijuana are both cannabis plants, why is one legal and the other illegal?
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The most important distinction between these two plants is the level of THC they contain. Hemp has been federally legalized and by law, it can only contain 0.3% THC or less. Marijuana is still federally illegal because its THC levels are above the 0.3% threshold.
You may have heard of THC and CBD, but what are they and why do they impact the legality of cannabis plants? THC, otherwise known as tetrahydrocannabinol, can be found in both marijuana and hemp plants. Its significant because, in high levels , THC can induce intoxicating or high effects.
Since large amounts of THC are found in marijuana plants, it has been considered a Schedule I drug since 1970. However, many believe marijuana is too mild of a substance for this classification, with other Schule I substances including heroin and cocaine The MORE bill aims to take marijuana off the Schedule I list.
Can My Employer Choose To Accommodate A Medical Marijuana User Even If They Are Not Required To Under State Law
Yes, an employer may choose to accommodate a medical marijuana user however the employer chooses to do so, so long as the employer is not violating any laws.
To find out how these marijuana laws affect the workplace of a particular state in regarding workplace accommodations, scroll down to the information for your state.
4. Can my employer punish me for my off-duty use of marijuana that is allowed under state law?
Potentially, employees working in different states must look to the different laws, regulations, and court interpretations. Marijuana legalization is a rapidly evolving area that is highly dependent on a particular statutes language and court interpretations as well as the enforcement position of the federal government.
To find out whether your employer can punish you for your off-duty use of marijuana that is permitted under state law, scroll down to the specific information about your state.
Increased Pharmaceutical Research Into New Medical Marijuana Alternatives
To advance the development of new marijuana treatment alternatives, pharmaceutical companies should be given incentives to continue to explore new avenues for suffering patients. One such company that has begun development on a medical marijuana patch is Medical Marijuana Delivery Systems LLC. In February 2011, MMDS announced that they had acquired United States Patent rights to develop a marijuana patch for medical use. Walter Cristobal, the patch inventor, is working with MMDS to develop the patch-based delivery, as well as other delivery systems like creams and gels . Another recent development in the marijuana industry has come from the pharmaceutical company Medicinal Genomics. As of August 2011, the company has successfully sequenced the entire genome of the cannabis plant, a breakthrough which has the potential to grow the number of treatment options available to patients .
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Federal Marijuana Legalization : Historic Bill Passed By House
- William Barrios
- CBD News
For the first time in U.S. history, the federal government had a vote on the decriminalization of marijuana. Recreational cannabis has been a hot topic in American politics ever since the 1970s. Your state might sell marijuana, but it is still criminalized federally.
While the Farm Bill of 2018 legalized hemp, its cousin marijuana has not been so lucky. This new measure aims to change federal cannabis policies that would affect small businesses and those with non-violent criminal records related to cannabis. Lets take a look at the status of federal marijuana legalization going into 2021.
Only One Federal Cannabis Patient Left As Elvy Musikka Exits Ind Program
It’s one of the biggest secrets in cannabis: The federal government’s medical-marijuana propram that dates back to the ’70s.
Elvy Musikka, who suffers from glaucoma, is no longer on the program after 32 years. Currently a resident of a legal cannabis state, Oregon, she has not consumed the low-potency governemt weed in several years.
Elvy petitioned to join the program in 1988 after she was arrested in Florida for cultivated plants in her backyard and was approved. She also won her court case, thanks to NORML attorney Norm Kent.
When she lived in Florida, Elvy had access to the cannabis. But once she moved to Oregon, NIDA refused to ship the tins containing 300 mass-produced joints there. Elvy would return to Florida once a year to collect her medicine. During the Covid-19 pandemic, that has not been possible. So she’s officially dropped out of the program, which is technically known as the Compassionate IND program. Just Irvin Rosenfeld, who has bone spurs and also lives in Florida, remains on it.
Elvy Musikka on government weed: “They sent us a bunch of garbage with no THC. It was hemp, which I love to wear, but it didnt do anything for my glaucoma.”
Elvy bitterly complained to me in 2016 about how bad the governemt weed was. In fact, she had to have a surgery because the cannabis was not helping her.
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Legal States In The Us
The 13 states in the U.S. that have adopted medical marijuana laws generally make it legal and safe for patients to possess and cultivate personal medical cannabis as long as theyve got a doctors recommendation. They can designate primary caregivers to assist in cultivation of their medicine for them.
Even though state laws dont protect patients against federal laws, they can provide protection for those individuals who maintain their own small-scale, home gardens since the federal government has little concern for such growers.
In addition to all of this, Austria has moved to establish a national medical cannabis program.
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Will There Be Enough Medical Marijuana For All Approved Patients And Caregivers
The department will be reviewing a number of factors to determine the placement of dispensaries across the state in order to ensure that medical marijuana is available for patients with serious medical conditions. The department will be conducting a full population study during the next 6 months that will include the location and number of patients suffering from serious medical conditions and their ability to access public transportation to get to a dispensary.
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The Division Of Public Health Continues To Review Operational Needs While Keeping The Health And Safety Of Our Employees And Customers In Mind During The Coronavirus Outbreakthe Office Of Medical Marijuana Encourages All Patients And Caregivers To Mail Applications To The Mmp Office Rather Than Delivering Them In Personif You Are In Need Of An Application They Are Available On The Mmp Website Or You Can Request An Application Be Mailed To You By Calling The Office At 744
Welcome to the Medical Marijuana Program website.
The mission of the Office of Medical Marijuana is to protect Delawareans through proactive monitoring and enforcement of the Delaware Medical Marijuana Act and accompanying regulations. Rigorous inspection of the regulated vendors minimizes the risk to human health and environmental impact. OMM accomplishes this mission by:
The Division of Public Health , authorized by 16 Del.C.Ch.49A – Delawares Medical Marijuana Act, regulates the states Medical Marijuana Program . As an applicant to the Medical Marijuana Program you are responsible for reading this act and following the stipulations within it. For a complete copy of the Delaware Medical Marijuana Act, contact the DPH Office of Medical Marijuana, or .
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With the vast majority of states allowing the use of marijuana, “What a massive outbreak of common sense in America,” said Rep. Jamie Raskin . “I concede our party is not for the kind of cocaine-fueled orgies that bragged about this week, but we do understand their marijuana prohibition laws dont work for our people.
The costs of enforcing cannabis-prohibition laws costs taxpayers approximately $3.6 billion a year, according to the American Civil Liberties Union , and results in more than 600,000 arrests annually. These arrests disproportionately affect people of color who are four times more likely to be arrested for cannabis possession than their white counterparts, despite equal rates of use across populations. Meanwhile, fewer than one-fifth of cannabis business owners identify as minorities and only 4 percent are black.
“Protecting consumers from prosecution is the first place to start,” said Dasheeda Dawson, founding chair of the Cannabis Regulators of Color Coalition, a coalition of government officials. “Ending the war on drugs also means adopting progressive and noncriminal regulatory strategies rather than relying on law enforcement.”
According to Congress.gov, the bill includes the following:
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Americans Get Medical Pot From The Feds
EUGENE, Oregon – Sometime after midnight on a moonlit rural Oregon highway, a state trooper checking a car he had just pulled over found less than an ounce of pot on one passenger: A chatty 72-year-old woman blind in one eye.
She insisted the weed was legal and was approved by the U.S. government.
The trooper and his supervisor were doubtful. But after a series of calls to the U.S. Attorney’s Office, the Drug Enforcement Agency and her physician, the troopers handed her back the card and her pot.
For the past three decades, Uncle Sam has been providing a handful of patients with some of the highest grade marijuana around. The program grew out of a 1976 court settlement that created the country’s first legal pot smoker.
Advocates for legalizing marijuana or treating it as a medicine say the program is a glaring contradiction in the nation’s 40-year war on drugs maintaining the federal ban on pot while at the same time supplying it.
Government officials say there is no contradiction. The program is no longer accepting new patients, and public health authorities have concluded that there was no scientific value to it, Steven Gust of the U.S. National Institute on Drug Abuse told The Associated Press.
At one point, 14 people were getting government pot. Now, there are four left.
The government has only continued to supply the marijuana “for compassionate reasons,” Gust said.
Federal Law And The State
Legal marijuana is big business. In states where residents have access to legal marijuana, the markets are grossing billions of dollars, despite federal prohibition.
The conflict between federal and state marijuana laws has caused problems beyond uncertainty about criminal liability in the state-legal marijuana industry. Most widespread problems relate to commerce and capitaltwo areas in which the federal government holds full sway.
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What Is The New Federal Marijuana Legalization Bill
The Marijuana Opportunity Reinvestment and Expungement Act would decriminalize marijuana at the federal level. It would also remove marijuana from the Federal Controlled Substances Act as a Schedule I drug. The proposal would not necessarily legalize marijuana across the country, as any state can still rule it illegal within their jurisdiction. The MORE proposal would clear many marijuana convictions. This would lead to the release of those who are currently imprisoned for non-violent marijuana charges. The legislation hopes to reverse the damage done by the War on Drugs started in the 1970s.
As Rep. Jerry Nadler said on the House floor, this bill would help reverse the racially disparate enforcement of marijuanas criminalization. The legislation would also create a 5% tax on marijuana products, which would help small businesses secure loans and other funds.
The bill was approved by the House of Representatives on December 4th, 2020. Rep. Earl Blumenauer, D-Ore., co-chair of the Congressional Cannabis Caucus, co-sponsored the bill and has been working to get progressive marijuana laws considered for years. The legislation passed with 228 for, and 164 against. Though this doesnt mean it has been signed into law and federal marijuana legalization has not taken effect.
What Is The Process For Patients To Qualify For Medical Marijuana
To purchase medical marijuana, a patient will need to be under the continuing care of a physician who is registered with the Department of Health. The physician may then provide a signed certification to the patient stating that the patient has a serious medical condition. The patient must then apply to the department for an identification card. Once the patient receives an identification card, he or she can purchase medical marijuana at an authorized dispensary.
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When Will The Department Begin Issuing Regulations For The Program
The department has started working on temporary regulations in order to meet the 6-month publishing requirement under the statute and will be meeting with stakeholder groups, medical professionals and consumer groups to develop the application process for patients and caregivers to access medical marijuana.
Current Cannabis Laws In The United States
On the federal level, cannabis remains illegal. The federal government classifies cannabis, along with heroin and cocaine, as a Schedule I drug with a high potential for abuse and little to no medical benefit. However, 18 U.S. states and the nations capital have made cannabis legal for all adults, and a total of 36 states, the District of Columbia, Guam, Puerto Rico, the Northern Mariana Islands, and the U.S. Virgin Islands allow for comprehensive public medical cannabis programs.Contained within the federal budget are provisions to protect states’ rights to responsibly regulate medical cannabis programs. Since December 2014, the Rohrabacher-Farr amendment has prohibited the Justice Department from spending funds to interfere with the implementation of state medical cannabis laws. This amendment must be renewed each fiscal year in order to remain in effect and has been included in a series of spending bills.The U.S. House has voted twice to end the crackdown on medical cannabis, demonstrating bipartisan support for real federal cannabis policy change. In December 2020, the House voted in favor of the MORE Act, which would end federal cannabis prohibition. There is now more momentum than ever for ending prohibition.
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What Will The Department Of Health Consider As A Serious Medical Condition
A serious medical condition is any one of the following listed under the statute:
- Amyotrophic Lateral Sclerosis
- Parkinsons Disease
- Post-traumatic Stress Disorder
- Severe chronic or intractable pain of neuropathic origin or severe chronic or intractable pain in which conventional therapeutic intervention and opiate therapy is contraindicated or ineffective
- Sickle Cell Anemia
How Will Patients Apply For Medical Marijuana Identification Cards
Identification cards will be able to be obtained with certification from a registered physician and a completed, approved application submitted to the Department of Health. The Department of Health will make it as easy as possible for patients to apply for medical marijuana identification cards. The department is reviewing how it can make applications available to patients on its website.
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Approved Qualifying Debilitating Medical Conditions
- Cancer or the treatment of this condition
- Glaucoma or the treatment of this condition
- Positive status for Human Immunodeficiency Virus or the treatment of this condition
- Acquired immune deficiency syndrome or the treatment of this condition
- Hepatitis C or the treatment of this condition
- A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following:
- Cachexia or wasting syndrome
- Severe nausea
- Seizures, including but not limited to those characteristic of epilepsy
- Severe and persistent muscle spasms, including but not limited to those characteristic of multiple sclerosis or Crohn’s disease
- Agitation related to Alzheimer’s Disease
House Passes Bill To Legalize Marijuana And Remove Penalties
A bowl of medicinal marijuana is displayed in a booth at The International Cannabis and Hemp Expo in … 2010 at the Cow Palace in Daly City, California. Marijuana would be decriminalized at the federal level under legislation that the House approved on Friday, as Democrats made the case for allowing states to set their own policies on pot.
It may be April Fool’s today, but this is no joke.
The U.S. House of Representative passed a bill today to federally legalize marijuana.
The , known as the MORE Act, will decriminalize marijuana, remove marijuana from the list of scheduled substances under the Controlled Substances Act, and eliminate criminal penalties for an individual who manufactures, distributes, or possesses marijuana.
The MORE Act said legalizing cannabis is an issue of economic growth, social equity, racial justice, and states rights.
Sponsored by House Judiciary Chairman Jerrold Nadler the bill passed by a vote of 220-204 on a bipartisan basis with votes from three Republicans, Representatives Matt Gaetz and Brian Mast of Florida, and Tom McClintock of California. The bill now goes to the Senate, where it will probably not get the 60 votes needed to pass, despite Majority Leader Chuck Shumer supporting it. The House passed a similar bill in 2020, but did not garner support in a Republican controlled Senate.
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