In the United States, it is important to differentiate between medical marijuana at the federal and at the state level. At the federal level, cannabis per se has been made criminal by implementation of the Controlled Substances Act which classifies marijuana as a Schedule I drug, the strictest classification on par with heroin, LSD and Ecstasy, and the Supreme Court ruled in 2005 that the Commerce Clause of the U.S. Constitution allowed the government to ban the use of cannabis, including medical use. The United States Food and Drug Administration states “marijuana has a high potential for abuse, has no currently accepted medical use in treatment in the United States, and has a lack of accepted safety for use under medical supervision”.

Sixteen states have legalized medical marijuana. California, Colorado, New Mexico, Maine, Rhode Island, Montana, and Michigan are currently the only states to utilize dispensaries to sell medical cannabis. California’s medical marijuana industry took in about $2 billion a year and generated $100 million in state sales taxes during 2008 with an estimated 2,100 dispensaries, co-operatives, wellness clinics and taxi delivery services in the sector colloquially known as “cannabusiness.” Texas, of course, has not legalized marijuana. I suspect our State will be among the last that does so legalize.

In 2009, the US Deputy Attorney General issued a US Department of Justice memorandum to “All United States Attorneys” providing clarification and guidance to federal prosecutors in States that have enacted laws authorizing the medical use of marijuana. The document is intended solely as “a guide to the exercise of investigative and prosecutorial discretion and as guidance on resource allocation and federal priorities.” The US Deputy Attorney General David W. Ogden provided seven criteria, the application of which acts as a guideline to prosecutors and federal agents to ascertain whether a patients use, or their caregivers provision, of medical marijuana “represents part of a recommended treatment regiment consistent with applicable state law”, and recommends against prosecuting patients using medical cannabis products according to state laws. Not applying those criteria, the Dep. Attorney General Ogden concludes, would likely be “an inefficient use of limited federal resources”. The memorandum does not change any laws. Sale of cannabis remains illegal under federal law. The U.S. Food and Drug Administration’s position, that marijuana has no accepted value in the treatment of any disease in the United States, has also remained the same.