What does President Biden’s marijuana (cannabis) reform statement really mean?
On October 6th, 2022, President Bid wrote an official statement proposing marijuana reform, with three parts, summarized below:
1: He will officially pardon all people who were convicted under federal law for marijuana possession or use.
2: He urged the state governors to do the same (pardon) for state and local cannabis offenses.
3: He called for a review for the classification of marijuana as a schedule I substance.
What if you were prosecuted for cannabis possession by your state or local government?
Well, sorry to inform you, but you will still have to wait for that pardon. President Biden is urging each state’s governors to pardon those people, but only time will tell what will happen. The good news is that it is a start.
What does that mean, a schedule I substance?
A class I drug or substance means there is no currently accepted medical use and a high potential for abuse. Examples of schedule I substances include marijuana, LSD, and heroin.
When and why was it decided for cannabis to be a schedule I substance?
The controlled substance act (CSA) of 1970 placed cannabis as a schedule I substance, a class of regulation under the control of the Drug Enforcement Agency (DEA). This classification allows the federal government to prosecute people for the possession and use of cannabis.
If marijuana is classified as a schedule I, with no accepted medical use, why is there medical marijuana?
That same question also puzzled me when I first entered the medical marijuana field in California in 2009. But unfortunately, the best answer I can tell you is that there is no exact answer. My closest explanation is that the federal government has recently decided not to enforce its marijuana regulations and allows the states to enforce the rules.
An analogy is a rural area’s major interstate that has two lanes each way. If the speed limit is 55 mph, it is usually not enforced until you exceed 65 mph to 70 mph. Technically, you could get a ticket for going 56 mph, like you could get federally fined for possessing marijuana; it just does not really occur.
When did medical marijuana start (being legal in any state for medicinal purposes)?
Medical marijuana started in California in 1996 with the Compassionate Use Act, also known as Proposition 215. Like many trends, it began in California and worked its way to other states.
Why would my doctor give me a “recommendation” and not a “prescription” for marijuana if it is a scheduled drug? Don’t you need a special prescription for all controlled medications?
Those are two great questions to which there is no exact answer. My best answer is that you are not going to a pharmacy (like CVS, Walgreens, or Rite Aid) to pick up the medical marijuana, but a special cannabis dispensary. These dispensaries operate under state laws, so a distinct state form is acceptable.
The fact that many of these questions do not have clear answers has prompted our president and his staff to make changes that might improve the situation. So, let us see what happens.
Robert Stevens MD
Contributing writer for NCENA
