About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

1998 Det. C.L. Rev. 247 (1998)
The Burning Question: How Will the United States Deal with the Medical-Marijuana Debate

handle is hein.journals/mslr1998 and id is 261 raw text is: THE BURNING QUESTION: HOW WILL THE UNITED
STATES DEAL WITH THE MEDICAL-MARIJUANA
DEBATE?
TABLE OF CONTENTS
INTRODUCTION  ............................................  247
I.  THE FEDERAL CONTROLLED SUBSTANCES ACT ............... 248
II. PROGRESSION OF FEDERAL LAW .......................... 250
III.  STATE LEGALIZATION  ..................................  255
A. Established Therapeutic Cannabis Research Programs ..... 256
B. Allowing Physicians to Prescribe Marijuana ............. 267
C. Rescheduling of Medically Used Marijuana ............. 270
D. Allowing the Affirmative Defense of Medical Marijuana .. 271
IV. CURRENT STATE OF AFFAIRS ............................. 274
V. CONSTITUTIONAL RECOURSE ............................. 276
VI. MEDICINAL VALUE OF MARIJUANA ........................ 284
CONCLUSION  .............................................  291
INTRODUCTION
The debate over the legalization of drugs in this country has spanned well
over a century and invokes the most heartfelt of disputes amongst the medical
and legal communities, not to mention the general population. Due to such
controversy, this Comment will not attempt to focus on the overwhelming
issue of legalization per se, but on the recent momentum in the states to
legalize marijuana for medicinal purposes and what effect these state
initiatives have on the Federal Controlled Substances Act. Since the validity
of state medical marijuana laws are in a state of flux, this Comment will
comprehensively study each state that has enacted medical marijuana
protection, dividing the protection into four distinct categories.
The first category is inclusive of states that have enacted therapeutic
research programs to study the effects of marijuana on terminally or seriously
ill patients. The second category includes states that have passed legislation
allowing state physicians to prescribe marijuana for terminally or seriously ill
patients. The third category is comprised of states that have rescheduled
medical marijuana from a Schedule I to a Schedule II categorization and lastly,
state judiciaries that have recognized a medical affirmative defense in medical
marijuana cases.
In light of this data, this Comment will examine the current state of
medical marijuana legislation, distinguishing those states that have enacted
programs that have long since been abandoned versus those states that have
actively pursued medical marijuana research. Moreover, this Comment will

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 3,000 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most