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36 Whittier L. Rev. 117 (2014-2015)
The Controlled Substances Act: Time to Reevaluate Marijuana

handle is hein.journals/whitlr36 and id is 129 raw text is: THE CONTROLLED SUBSTANCES ACT: TIME TO REEVALUATE MARIJUANA The federal government's Controlled Substances Act classifies marijuana as a Schedule I substance. A schedule I classification means the substance has no medicinal uses, is likely to be abused, and is un- safe even under medical supervision. With new information to the con- trary, changes in opinions regarding medicinal and recreational use, and states relaxing laws and attitudes towards marijuana, it is now time to reevaluate marijuana 's classification under the current guide- lines provided by the federal government's Controlled Substances Act. 1. INTRODUCTION This article proposes a proper reassessment of marijuana and its possible medicinal and recreational effects so that it can be evaluated under the Federal Controlled Substances Act of 1970 (CSA)l without bias. In Part I of this article, I present a brief history of marijuana use. I discuss the CSA as it relates to drug classifications and, more specifi- cally, how it relates to and affects how the CSA treats marijuana. Next, I discuss state laws relating to medicinal and recreational marijuana. Then, I note some of the current trends in voting, survey data, and other research illustrating what Americans think about the legalization and medicinal uses of marijuana. In Part II, I note the most up-to-date med- ical facts, figures, and data involving medicinal marijuana. Not only is there a lack of legitimate research on marijuana for medicinal uses, but there is also very little research ascertaining any of marijuana's bene- fits. Most research only looks at the negative effects of marijuana. This article does not intend to negate or refute that there are negative effects associated with cannabis use; there are. However, in light of trends 1. Controlled Substances Act of 1970, 21 U.S.C. §§ 801-971 (2013). 2. MITCH EARLEYWINE, UNDERSTANDING MARIJUANA: A NEW LOOK AT THE SCIENTIFIC EVIDENCE 164-65 (2005 ed.); see generally Paul Armentano, Mariuana: A Primer, NORML 1, 4-5 (Jan. 29, 2013), http://norml.org/pdf files/NORMLMarijuana A Primer.pdf.

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