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Medical Marijuana Legalization and its Implications

Avery Marshall, Clarissa Ruelas-Gastelum, Neomie Almario, Viviana Ortega, Yvette Salinas

California State University – Channel Islands

HLTH-308: Introduction to Health Law

Dr. Carol H. Mack

March 7, 2023
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Medical Marijuana Legalization and its Implications

Marijuana use for both medicinal and recreational reasons has been a topic of debate for

some time. Currently, some states allow for marijuana to be purchased and used both medically

and recreationally. However, federal laws still have marijuana classified as a schedule 1

controlled substance and as a result, it is still illegal from a federal standpoint. What will be

explored in this writing is how our current federal law affects the marijuana business in

California. California is one of the states that has legalized marijuana usage. Secondly, in this

writing, it will be looked at as to why the DOJ has not aggressively enforced federal laws against

marijuana distributors. In addition, how this situation may change. Finally, the topic of how

marijuana distributors can stay in business will be examined.

How federal law affects marijauna business in California

California was the first state that legalized the use of medical marijuana in 1996 with the

Compassionate Use Act (CA.gov, n.d.). This began the medical marijuana industry in California,

even though there was federal legislation that attempted to overhaul the legalization many times.

To clear up the state marijuana law in California, the state passed Proposition 64, or the Adult

Use of Marijuana Act (AUMA) which outlines the age restriction, licensing regulation system,

and more. On the other hand, federal law has the Controlled Substances Act (CSA) that

classified marijuana as a Schedule I substance and that any possession of any amount of

marijuana is subject to offenses, fines, and possible incarceration (McElfresh Law, n.d.).

However, the Department of Justice (DOJ) decided in 2013 that medical marijuana businesses

will no longer be a priority of prosecutors. They also outlined eight factors that can decide if the

marijuana business is violating the CSA, therefore marijuana businesses must comply with these

regulations and there won’t be a problem. Additionally, the Rohrabacher-Farr amendment was
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passed in 2015 that prevents the use of funds by federal agencies to investigate and prosecute any

medical marijuana-related activities in legal states (Congress.gov, n.d.).

DOJ Enforcement of Marijuana Laws

A cannabis distributor is any licensed individual or entity that transports cannabis in bulk

from one licensed cannabis cultivator to another. They also transport cannabis items in size from

one licensed establishment to another. Cannabis distributors need a specific license to be a

distributor. In the United States, the Department of Justice has not aggressively enforced the

federal law against state-sanctioned marijuana distributors. This question comes up a lot

throughout the media and means that these marijuana distributors are approved, promoted, or

allowed by the national government. So why does the Department of Justice not aggressively

enforce this federal law? Legalization of marijuana in America can have “substantial cost-

savings… if it were to tax and regulate marijuana” (Edwards & McCray, 2012, para. 1).

Economists have predicted how much money the government would save per year, such as “$7.7

billion… in government expenditure on enforcement, … generating $2.4 billion annually if taxed

like most consumer goods, or $6 billion per year if taxed similarly to alcohol and tobacco.”

(Edwards & McCray, 2012, para. 2). These numbers take a huge part in how the government

deals with the topic of national decriminalization of marijuana. Marijuana still remains illegal

under federal law, and still, arrests for marijuana offenses are larger than any other drug. Per the

Pew Research Center “police officers in the United States still make more arrests for marijuana

offenses than for any other drug, according to FBI data” (Gramlich, 2020, para. 1) In addition,

“[i]n 2018, 92% of marijuana arrests were for possession and 8% were for selling or

manufacturing” (Gramlich, 2020, para. 4). Decriminalization of marijuana in small states allows

individuals to recreationally use and possess small amounts of marijuana. But, decriminalization
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is different from legalization, since it's still illegal to possess the drug, but violations for “small

amounts intended for personal consumption tend to be civil or local infractions rather than state-

level crimes” (Gramlich, 2020, para. 8). Since marijuana remains illegal federally, “46 percent of

all drug prosecutions across the country are for marijuana possession.” (Edwards & McCray,

2012, para. 3). This is very expensive and time-consuming to target users through law

enforcement, and still, lawmakers have done little to nothing to put an end to the use of the drug.

The U.S. Department of Justice has given control to the states and local governments to address

marijuana activity, and “expects these states to establish strict regulatory schemes that protect the

eight federal interests identified in the Department’s guidance.” (Office of Public Affairs, 2013,

para. 4). The Department of Justice, and the federal government, haven’t been aggressively

enforcing marijuana policies because they have been proven ineffective and expensive. As well

as, leaving it up to the states to decide whether decriminalization would be effective.

How Might the Marijuana Situation Change?

Moreover, while some people in law enforcement and higher officials might oppose the

use of marijuana, medicated or not, I do believe that with some more time, law enforcement will

reduce the force against it. There have been many studies showing how, when used correctly,

marijuana can help people with all kinds of medical conditions to help reduce their symptoms.

These studies are helping regulate the use of marijuana, since the pros very much outweigh the

cons. According to the United States department of justice, the Controlled Substance Act was

passed in 1970 which was to prohibit the use and distribution of marijuana into one of five

schedules (Department of Justice 2018). This was putting people who even possessed marijuana,

whether in their pockets, bags, or cars, in federal prison. In addition, according to a statement

provided by President Joe Bidden, he says “Criminal records for marijuana possession have also
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imposed needless barriers to employment, housing, and educational opportunities,” (The White

House 2022, para. 1), many families have been incarcerated for the possession of marijuana but

have had a clean record beforehand, therefore, leaving an unlawful sentence and which can

potentially ruin their lives once their time is served leaving it difficult to continue the real world.

Biden has come up with a process to help clear these offenses and regulate the laws on

marijuana. First, Biden has announced a “pardon of all prior Federal offenses” cleaning the

records of those who were in possession of marijuana, this will help relieve all consequences of

convictions, (The White House, 2022, para. 3). Second, “urging all Governors to do the same

with regard to state offenses,” (The White House, 2022, para. 4), free those who are in local jails

or state prisons, and third “Secretary of Health and Human Services and the Attorney General to

initiate the administrative process to review expeditiously how marijuana is scheduled under

federal law” (The White House, 2022, para. 5), because marijuana is under the same schedule 1

as far more dangerous drugs such as heroin, LSD, meth, etc. a new process of review can change

that schedule into a safer category. Lastly, Biden has also mentioned that marketing and

distribution should stay in place.

How Can Distributors Stay in Business?

I think some ways marijuana distributors can stay in business is due to the fact that

people rely on marijuana for health purposes. NIH explains, “Over the centuries, cannabis has

been used for religious, industrial, therapeutic, and other purposes. Cannabis extracts and

tinctures were widely prescribed in Europe and North America by physicians for a variety of

medical conditions from the mid-1800s through the first few decades of the 20th century.”

(Mead, 2019, para. 2). That is a big reason why it could stay in business because some hospital

patients need that for treatment purposes, as well as other purposes as well. The NIH states,“ 26
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states have legalized medical marijuana use, and another 16 states have adopted cannabidiol

(CBD)-only laws (NCSL 2016b) that protect only certain strains of marijuana to be used for

medicinal purposes.”(Pacula & Smart, 2019, para. 2). This shows how I believe that marijuana

distributors will continue to stay in business because a lot of people rely on this drug to get

through treatment for cancer, require it for their condition, and much more. NBC news states, “

42 percent reported using some form of cannabis for relief of symptoms such as nausea and

vomiting, pain, insomnia, anxiety, and stress, according to the report published Tuesday in

Cancer. They are not using it to get high, but to manage the side effects of breast cancer or the

treatments for breast cancer,” said the study’s author, Dr. Marisa Weiss, founder and chief

medical officer of Breastcancer.org and an oncologist at the Lankenau Medical Center in

Wynnewood, Pennsylvania.” (Carroll, 2021, para. 2). I think that shows how important

marijuana is for patients who are going through the difficult stages of cancer. So I think it is

good they have access to such a drug that allows them to take the pain away from the

excruciating side effects they go through during treatment. So it is for a good cause to keep this

drug in business. So it benefits a large population of people battling all types of cancer, not just

breast cancer. I know it also treats colon cancer as well as brain cancer. So I think it will be hard

to get rid of it because of such essential factors that go into it and how the business will continue

to stay in business throughout the United States because of medical purposes. Another example

of how marijuana distributors can stay in business is by the people who vote for it to be

legalized. The NIH writes, “[t]he November 2012 ballot initiatives passed by voters in Colorado

and Washington marked the first time that any jurisdiction worldwide has legally regulated

marijuana. Much attention has been given to the recently created retail markets for legal

marijuana in these two states, but the commercial model is but one regulatory option for legal
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production, and a number of alternative strategies are available” (Pacula & Smart, 2019, para.

10). This demonstrates how people want the drug to stay legal because it has many purposes. It

can be used in a good way, and if it is banned, then they will have to find alternative ways to find

a new drug and test that out to see the outcomes. That can take a while because it has to go

through the FDA. That is a long process. So I say that having marijuana already and already

knowing it is proven safe to use for cancer patients at treatment, then you should stick with that

drug. You already know it is safe to use, so why waste time making another drug that will take

too long to get to patients. So I believe marijuana companies will stay in business due to the fact

patients need it for medical reasons.

Conclusion

The legalization of marijuana will continue to be debated and looked at in the future. The

current federal laws in regards to marijuana play a role in how it is treated in California by

influencing factors such as how payment is handled.. In addition, one can see why the DOJ does

not aggressively enforce marijuana laws and how that is subject to change in the future. Finally,

we looked at how those who distribute marijuana in the state can stay in business even with how

marijuana is viewed by the federal government.

References

CA.gov. (n.d.). California's cannabis laws - Department of Cannabis Control.

Department of Cannabis Control. https://cannabis.ca.gov/cannabis-laws/laws-and-

regulations/.

Carroll, L. (2021). Many breast cancer patients are using marijuana and not telling their

doctors. NBCNews.com.https://www.nbcnews.com/health/cancer/many-breast-cancer-

patients-are-using-marijuana-not-telling-their-n1281334.

Congress.gov. (n.d.). H.Amdt.332 to H.R.2578 - 114th Congress (2015-2016). Library of

Congress. Congress.gov. https://www.congress.gov/amendment/114th-congress/house-

amendment/332

DOJ. (2018, January4). Justice Department Issues Memo on Marijuana Enforcement. The

United

States Department of Justice. Retrieved March 6, 2023, from

https://www.justice.gov/opa/pr/justice-department-issues-memo-marijuana-enforcement

Edwards, E., & McCray, R. (2012). Hundreds of economists: Marijuana prohibition costs

billions, legalization would earn billions. American Civil Liberties Union.

https://www.aclu.org/news/smart-justice/hundreds-economists-marijuana-prohibition-

costs-billions.

Gramlich, J. (2020). Four-in-ten U.S. drug arrests in 2018 were for marijuana offenses –

mostly possession. Pew Research Center. https://pewrsr.ch/2RBZyZM.

McElfresh Law. (n.d.). Federal marijuana laws & policies. McElfresh Law.

https://www.criminallawyersandiego.com/california-marijuana-business-lawyer/federal-

laws-policies/.

Mead, A. (2019). Legal and regulatory issues governing cannabis and cannabis-derived

products in the United States. Frontiers in plant science, 10, 697.

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6590107/

Office of Public Affairs. (2013). Justice department announces update to marijuana

enforcement policy. The United States Department of Justice.

https://www.justice.gov/opa/pr/justice-department-announces-update-marijuana-

enforcement-policy.

Pacula, R. L., & Smart, R. (2017). Medical marijuana and marijuana legalization. Annual

review of clinical psychology, 13, 397–419.

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6358421/

The White House. (2022, October 6). Statement from president Biden on marijuana

reform. The White House. Retrieved March 6, 2023, from

https://www.whitehouse.gov/briefing-room/statements-releases/2022/10/06/statement-

from-president-biden-on-marijuana-reform/