Is Medical Marijuana Legal Under Federal Law?
Marijuana is illegal under federal law, even if it is possessed for approved medical reasons pursuant to state medical marijuana laws. However, inconsistencies in how federal law is enforced and applied to medical marijuana cases have created confusion among many medical marijuana patients and providers.
The Controlled Substances Act is the federal law passed in 1970 that regulates the manufacture, cultivation, possession, use, and distribution of certain drugs, including marijuana. The federal law does not distinguish between marijuana used for recreational purposes and that used for valid medical reasons.
Marijuana is classified under federal law as a Schedule I drug, which means the government views it as highly addictive and having no medical value. Doctors may not prescribe marijuana for medical use under federal law.
Many people have been arrested and prosecuted under federal law for possessing, using, or distributing marijuana for medical reasons. However, President Barack Obama, soon after taking office in 2009, announced his administration would not seek to arrest or prosecute medical marijuana users and suppliers, as long as they conformed to state laws.
That stance was in stark contrast to previous presidential administrations, which conducted federal raids on medical marijuana dispensaries and clinics, including those operating within state medical marijuana laws. Under President Obama, those federal raids on approved medical marijuana dispensaries have largely stopped.
Additional Medical Marijuana FAQs
-
Q:
In Which States is Medical Marijuana Legal?
A: As of June 2010, 14 states had enacted laws to legalize the possession, use, distribution, and cultivation of marijuana for medical use. They included Alaska , … More -
Q:
Under what circumstances can a person use marijuana for medicinal purposes legally?
A: In order to legally use marijuana for medicinal purposes, states generally require a person to have a prescription or some other form of permission from a physician. … More -
Q:
Can I Get In Trouble Under Drug Possession Laws If I Have Medical Marijuana?
A: State medical marijuana laws do not give a person unlimited rights to use, possess, transport, or distribute marijuana. Medical marijuana patients and providers must … More -
Q:
What kinds of diseases or conditions generally qualify for medical marijuana?
A: People use medical marijuana for a wide variety of diseases and medical conditions. For example, many cancer sufferers find smoking marijuana helps decrease nausea … More -
Q:
When is a Medical Marijuana Dispensary Legal?
A: A medical marijuana dispensary, also called “growing collective,” “medical marijuana club,” or “medical marijuana clinic,” is a … More -
Q:
How Can I Get Medical Marijuana? Can I Buy It?
A: Medical marijuana is generally obtained by approved patients from medical marijuana dispensaries or cooperatives. These operations most often are forbidden from … More -
Q:
How much medical marijuana can a person legally have?
A: The amount of marijuana a person or their primary caregiver may legally possess for medical reasons depends on their state’s medical marijuana law. In … More -
Q:
How Does a Person Become an Authorized Medical Marijuana Provider?
A: The rules for becoming an authorized medical marijuana provider vary from state to state. Some states allow for the operation of medical marijuana dispensaries, … More -
Q:
Can I Grow My Own Medical Marijuana?
A: Most states with laws permitting the use of medical marijuana also allow patients and/or their caregivers to cultivate their own marijuana plants. As of June 2010, … More -
Q:
Can medical marijuana patients or cardholders travel across state lines with marijuana?
A: Medical marijuana patients may face federal and local charges of transporting marijuana if they cross state lines with the drug. This is true even if the states … More
Criminal Law Sub-categories
|
Criminal Fraud
Embezzlement Expungement Identity Theft |
Rape
Traffic Violations White Collar Crimes Workers Compensation Fraud |
