Despite how prolific medical cannabis has become in the U.S., my own observations tell me that there are still a lot of people who don’t know much about it. For example, I have encountered many who are aware of medical cannabis but have no idea that federal regulations directly impact it.
There seems to be this disconnect in people’s minds about federal and state legality. They see medical cannabis as a strict state-level issue. It is not. The federal government still maintains some jurisdiction over cannabis. Furthermore, Washington’s stand on cannabis impacts what the states do and how they do it.
Still Federally Illegal
Washington’s impact on medical cannabis is rooted in the fact that cannabis is still federally illegal. At the time of this writing, marijuana (a.k.a., cannabis) is listed on Schedule I of the Controlled Substances Act (CSA). Schedule I designation means that, under federal law, marijuana is considered to have no medicinal value and a high potential for addiction.
All substances on the Schedule I list are banned nationwide. They cannot be produced, processed, distributed, or possessed. That being the case, how do states get away with implementing medical cannabis programs?
Washington Turns a Blind Eye
States have been allowed to do what they do by a federal government that has chosen to turn a blind eye. Both the DOJ and DEA consider cannabis illegal, whether used medicinally or recreationally. But they are prohibited by ongoing acts of Congress from spending any money on enforcing marijuana laws. And without money, they are powerless to do anything.
Decriminalized, Not Legalized
The conflict between federal and state laws in terms of legality imply certain things at the state level. First and foremost, the dozens of states with active medical cannabis programs have not legalized cannabis despite how their actions have been reported. All they have done is decriminalize it. There is a significant difference.
Legalization would declare cannabis freely available and usable without any infraction of the law. But medical cannabis patients are still breaking federal law by purchasing, possessing, and consuming. State law does not preempt federal law in this regard.
On the other hand, decriminalization is a policy through which the states declare they will not pursue criminal charges against people for using marijuana. That is exactly what they have done with medical cannabis. Medical cannabis is still federally illegal. However, the states have chosen not to pursue criminal charges against patients.
Strictly Regulated Markets
Washington’s position on cannabis has had the further effect of encouraging states to create strictly regulated markets. The goal is to generally maintain the medical cannabis market within a state’s borders. Going outside of those borders could result in federal intervention given the fact that the constitution gives Washington jurisdiction over interstate commerce.
Utah is a good example of how all of this plays out. State regulations require that all medical cannabis purchased in the state also be produced and processed there. Only state-licensed pharmacies, like Salt Lake City’s Beehive Farmacy, can sell medical cannabis at retail. Under no circumstances can patients travel to neighboring states to purchase cannabis they will bring back into Utah.
The effect of federal regulations on medical cannabis are directly related to the obvious conflicts in federal and state laws. Those conflicts will only be resolved if Congress moves to fully legalize marijuana at some point in the future. It could happen, but any such move is not likely in the short term. So for now, the states will continue doing what they do while looking over their shoulders at Washington.