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Medical Marijuana in the United States A Brief History SW IALEP Chapter Glendale, Arizona February 8, 2011.

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Presentation on theme: "Medical Marijuana in the United States A Brief History SW IALEP Chapter Glendale, Arizona February 8, 2011."— Presentation transcript:

1 Medical Marijuana in the United States A Brief History SW IALEP Chapter Glendale, Arizona February 8, 2011

2 The Issue Marijuana is harmful and has no medical value Marijuana effectively treats the symptoms of certain diseases

3 From 1850 to 1941 cannabis was included in the United States Pharmacopoeia as a recognized medicinalFrom 1850 to 1941 cannabis was included in the United States Pharmacopoeia as a recognized medicinal By the end of 1936, however, all 48 states had enacted laws to regulate marijuanaBy the end of 1936, however, all 48 states had enacted laws to regulate marijuana

4 The Marihuana Tax Act of 1937 The act imposed registration and reporting requirements and a tax on the growers, sellers, and buyers of marijuana. Did not prohibit marijuana outright.

5 Controlled Substances Act Created the Controlled Substances Act Placed marijuana and its derivatives in Schedule I. “a high potential for abuse” “no currently accepted medical use in treatment in the United States 1970

6 Investigational New Drug (IND) Compassionate Access Program 1978

7 1985 FDA Approved Marinol Synthetic form of delta-9- tetrahydrocannabinol.

8 Chief administrative law judge of the DEA Francis L. Young ruled on 1972 petition to reschedule marijuana to Schedule II. 1988

9 1998 District of Columbia residents approved medical marijuana.

10 U.S. v. Oakland Cannabis Buyers’ Cooperative (2001) Conant v. Walters (2002) Gonzales v. Raich (2005)

11 The Hinchey-Rohrabacher Amendment To prevent the Justice Department from using appropriated funds to interfere with the implementation of medical cannabis laws. Submitted five consecutive Sessions of Congress. Defeated five times. 2003-2007

12 Federal Food, Drug, and Cosmetic Act Coburn Amendment: “The Secretary of Health and Human Services shall require that State-legalized medical marijuana be subject to the full regulatory requirements of the Food and Drug Administration, including a risk evaluation and mitigation strategy and all other requirements of the Federal Food, Drug, and Cosmetic Act regarding safe and effective reviews, approval, sale, marketing, and use of pharmaceuticals.” Did not make final version passed into law. 2007

13 Medical Marijuana Patient Protection Act 2008 Proposed to move marijuana from schedule I to schedule II of the CSA and to authorized/legalized medical marijuana programs within states.

14 Medical Marijuana Patient Protection Act 2009 Proposed to move marijuana from schedule I to schedule II of the CSA and to authorized/legalized medical marijuana programs within states.

15 Truth in Trials Act 2009 Proposed to allow evidence that marijuana activity was medically related and legal under state law.

16 DEA Enforcement Actions Against Medical Marijuana Providers Obama Administration and Medical Marijuana

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18 Medical Marijuana Laws by State YearStateColumn1ID CardHome 1996CaliforniaPropositionVoluntaryby County 1998OregonPropositionYesby DOH 1998AlaskaPropositionYesby DOH 1998WashingtonPropositionNo 1999MainePropositionYes 2000HawaiiLegistativeYesby DPS 2000ColoradoPropositionYesby DOH 2000NevadaPropositionYesby DOH 2004VermontLegistativeYesby DPS 2004MontanaPropositionYesby DOH 2006Rhode IslandLegistativeYesby DOH 2007New MexicoLegistativeYesby DOH 2008MichiganPropositionYesby DOH 2010New JerseyLegistativeYesby DOH 2010ArizonaPropositionYesby DOH

19 Medical Marijuana Users Newsweek in 2010 found a total of 369,634 users in the 13 states with established programs

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21 Public Opinion January 2010 ABC News/Washington Post poll found that more than 8 in 10 Americans (81%) supported efforts to make marijuana legal for medical use, up from 69% in 1997.

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25 CRS Report for Congress Prepared for Members and Committees of Congress Medical Marijuana: Review and Analysis of Federal and State Policies Mark Eddy Specialist in Social Policy April 2, 2010 Congressional Research Service


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