The History of Medical Marijuana Laws

in Lifestyle Politics by Bravo — October 25, 2009 |

With the recent progress in medical marijuana laws and policy by the Obama Administration, we thought it would be a perfect time to take a deeper look at the history of medical marijuana legislation in the United States. The following informational graphic outlines the significant advancements, as well as setbacks, in America’s initiative for medical marijuana legalization. Learn all of the key facts and information about the progress of legalizing medical marijuana in the US. With much progress being seen in the past ten to fifteen years, we seem to be getting closer and closer to a nationwide policy reform in medical marijuana legislation.

Major Changes in Medical Marijuana Laws:

1854: The US Dispensary lists cannabis compounds as remedies for medical problems.

1870: US Pharmacopoeia lists cannabis as a medicine.

1922: The Narcotic Drug Import and Export Act is passed by US Congress to eliminate the use of narcotics except for legitimate medical use.

1937: The Marijuana Tax Act passes and becomes law.

1941: Marijuana is officially removed from the US Pharmacopoeia.

1970: The US Controlled Substances Act is passed by Congress, which deletes the Marijuana Tax Act of 1937.

1989: DEA Director orders that cannabis remain listed as a Schedule I narcotic, having no known medical use.

1994: US District Court rejects a petition for review of the rescheduling of Cannabis.

1996 (Nov): Voters in Arizona (Prop 200) and California (Prop 215) approve initiatives endorsing the legal use of marijuana under a doctor’s supervision.

1996 (Nov): Office of National Drug Control Policy issues a press release stating: “The decision to bring appropriate criminal or administrative enforcement action will be decided on a case by case basis.”

1996 (Dec): The Clinton administration announces its plan to institute criminal prosecution of physicians who prescribe or recommend marijuana in California and Arizona.

1997 (Jan): The Massachusetts Department of Health issues regulations to create an affirmative medical defense for patients who use marijuana for a legitimate medical need.

1997 (Apr): The Arizona Legislature guts medical marijuana provisions included in Proposition 200 by approving a law mandating that state licensed physicians may only prescribe marijuana after it has been approved by the FDA.

1997 (Apr): Federal DEA agents raid Flower Therapy, a medical marijuana sales operation. There were no arrests. This was the first federal action since California passed Proposition 215 in 1996.

1997 (Apr): San Jose becomes the first city in the United States to pass zoning laws regulating cannabis buyers’ clubs.

1997 (Apr): US District Court Judge rules that federal officials may not sanction California doctors who recommend marijuana to their patients in compliance with state law.

1997 (June): Rep. Barney Frank introduces legislation that eliminates the federal restrictions which currently interfere with an individual state’s decision to permit the medical use of marijuana.

1997 (June): Nevada state prosecutors drop felony marijuana possession charges against a California cancer patient. Legal analysts claim that this is the first interstate proceeding involving medical marijuana imported from California.

1998 (Nov): Alaskan voters pass Ballot Measure 8, which removes state-level criminal penalties for medical marijuana use, possession and cultivation.

1998 (Nov): Oregon voters pass Measure 67, which removes state-level criminal penalties for medical marijuana use, possession and cultivation.

1998 (Nov): Washington state voters approve Measure 692, which removes state-level criminal penalties for medical marijuana use, possession and cultivation.

1999 (Nov): Maine voters pass Question 2, which removes state-level criminal penalties for medical marijuana use, possession and cultivation.

2000 (June): The Hawaii state legislature passes SB 862, which removes state-level criminal penalties for medical marijuana use, possession and cultivation. This is the first law of this nature enacted by a state legislature.

2000 (July): Washington, D.C. moves marijuana from Schedule V to Schedule III, which means “The substance has currently accepted medical use in treatment in the United States or the District of Columbia.”

2000 (Nov): Nevada voters approve ballot Question 9, which removes state-level criminal penalties for medical marijuana use, possession and cultivation.

2000 (Nov): Colorado voters approve ballot Amendment 20, which removes state-level criminal penalties for medical marijuana use, possession and cultivation.

2001 (May): The United States Supreme rules “There is no medical necessity exception to the Controlled Substances Act’s prohibition on manufacturing and distributing marijuana.”

2002 (July): The California Supreme Court votes unanimously to uphold Proposition 215, ruling that the medical marijuana initiative “renders possession and cultivation of marijuana non-criminal for a qualified patient or primary caregiver.”

2002 (Oct): US Court of Appeals for the District of Columbia ruled the Constitution gives Congress exclusive power to define the district’s legislative authority, giving Congress the right to block District of Columbia residents from voting on whether to legalize marijuana for medical use.

2002 (Oct): US 9th Circuit Court of Appeals rules that “the federal government may not revoke a doctor’s license to dispense medications, or investigate a physician, for recommending marijuana to sick patients.”

2002 (Nov): Two state propositions, in Arizona and Nevada, that attempted to meld the medical marijuana issue with general use decriminalization failed.

2003 (May): Maryland Republican Governor Robert Ehrlich signed medical marijuana legislation into law today, marking the first time that a Republican governor has signed a bill to protect medical marijuana patients from jail.

2003 (July): US House of Representatives voted today to allow the Bush administration’s Drug Enforcement Administration (DEA) to continue raiding and arresting seriously ill medical marijuana patients and caregivers in states that allow the medical use of marijuana.

2003 (Oct): California Gov. signs S.B. 420 into law, which will create an ID card for medical marijuana users to show law enforcement officers.

2003 (Oct): US Supreme Court rejected an appeal of the 9th Circuit Courts decision, turning down the Bush administration’s request to consider whether the federal government can punish doctors for recommending the medical marijuana to sick patients.

2003 (Dec): US 9th Circuit Court of Appeals ruled that people who use marijuana for medical purposes cannot be prosecuted by the federal government so long as they grow their own or obtain it from other growers without charge.

2004 (May): The Medical Board of California marked a milestone for California consumers and physicians by adopting a statement clarifying that the recommendation of medical marijuana by physicians in their medical practice will not have any effect against their physician’s license if they follow good medical practice.

2004 (May): Vermont passes S.76, which is allowed into law by its Governor. This makes Vermont the 10th state in the US to decriminalize marijuana for medical purposes.

2004 (Nov): Montana is the 10th state to pass a medical marijuana law. Under federal law, it is still illegal to grow, sell, purchase, or use marijuana, even for health-related reasons.

2005 (June): Federal authorities may prosecute sick people who smoke pot on doctors’ orders, the Supreme Court ruled, concluding that state medical marijuana laws don’t protect users from a federal ban on the drug.

2005 (June): A week after the Supreme Court ruled that medical marijuana laws in California and nine other states are no bar to federal drug prosecution, the House voted down an amendment that would have stopped the Justice Department from bringing such cases.

2006 (Jan): Rhode Island became the 11th state to legalize medical marijuana and the first since the US Supreme Court ruled in June that patients who use the drug can still be prosecuted under federal law.

2006 (Jan): [San Diego] County supervisors sued the in an attempt at overturning laws that permit medical use of marijuana.

2007 (Apr): New Mexico Governor signed medical marijuana legislation into law, making New Mexico the 12th state to legalize medical marijuana.

2008 (Nov): Voters in Michigan approved a ballot measure allowing severely ill patients to use medical marijuana. The measure will remove state-level penalties for registered patients using medical marijuana.

2009 (Oct): The Obama administration issues a new policy stating the federal government will not seek to arrest medical marijuana users and suppliers as long as they conform to state laws.

Sources:
http://en.wikipedia.org/wiki/Medical_cannabis_in_the_United_States

http://medicalmarijuana.procon.org/viewresource.asp?resourceID=000143

http://www.google.com/hostednews/ap/article/ALeqM5i9mnrkJu2S7Mly9xuWs4p9_TRkdwD9BDT0701

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Tags: about medical marijuana medical marijuana facts medical marijuana history medical marijuana information medical marijuana laws medical marijuana legalization medical marijuana policy