The Compassionate Use Act of 1996 was passed by California voters which legalized the use of marijuana for medical purposes. However, the California law violated the established federal Controlled Substances Act (CSA), which banned the possession of marijuana. After the DEA seized prescribed marijuana from the home of a doctor’s patient, a collection of medical marijuana users came together and sued the DEA and U.S. Attorney General John Ashcroft in a federal district court. The two leading individuals, Angel Raich and Diane Monson sued the federal government on the grounds of declaratory relief and injunction in October of 2002 to stop the government from violating their right to produce and use medical marijuana. Attorney Randy Barnett defended
In 1996, the state of California passed the Compassionate Use Act, which legalized the use of medical marijuana. California was one of the few states at the time to legalize the use of medical marijuana, while the federal law upholds its authority to restrict citizens from using marijuana. The Compassionate Use Act conflicts with the Controlled Substances Act, which is a law enacted by Congress to regulate the use of marijuana. Nine years later, the Supreme Court is presented the case of Gonzales v. Raich. Angela Raich, who suffered from a serious illness, decided to grow her own medical marijuana for personal use. Raich actions were legal in the eyes of California, while on a federal level the country did not approve of the idea or use of
The two major political parties, Republicans and Democrats, took opposing stances surrounding the use of medical marijuana at the time. To demonstrate, the Clinton Administration’s (a Democratic president) stance about its use was that the Controlled Substances Act, the act that was integral to Raich and Monson’s court case, did not apply to states that allowed medical marijuana, such as California (Rosenbaum, 2005). In contrast, the Bush Administration (a Republican president) took a position stating that any possession of marijuana was illegal under the CSA (Rosenbaum, 2005). This shows that the two major parties differed greatly on this issue at the time.
In 1996 voters in the State of California voted that the use of marijuana for medicinal purposes should be legal. In November 1996 the law was put into use. Angel 's physician decided to try marijuana for her condition. The use of the medical marijuana had alleviated Angel 's pain. That being said Angel and her physician could finally relax since they had seem to find a cure.
I agree with the courts decision. I can see why Dr. Cracker wanted to grow marijuana to conduct her own experiment but I think the regulations set out by the CSA are necessary. If anyone could just start to grow their own illegal drugs because of "research" then a black market could somehow develop after time.
The state of California Passed an act called the “Compassionate Use Act”. This act legalized the use of medical marijuana. When arrested the Defendants of the case were in compliance with all state laws and ordinances, but not in compliance with Drug Enforcement Administration laws. A lawsuit was filed against the Attorney General, by the defendants. The lawsuit stated that the congress had violated the interstate commerce clause by enforcing the actions of a local
Colorado’s legalization of marijuana began in 2000 with the Colorado Amendment 20. According to Davis, Mendelson, berkes, Suleta, Corsi & Booth (2015) the Colorado Amendment 20 legalized cannabis for medical use only. Even though this was true however, not just anybody was allowed to obtain marijuana. Any person wishing to obtain cannabis had to have a condition that was debilitating. “Debilitating conditions approved by the Colorado Department of Public Health and Environment (CDPHE) and included in Amendment 20 are cancer, glaucoma, HIV or AIDS, cachexia, severe pain, severe nausea, seizures, muscle spasms, and any other condition approved by CDPHE” (Davis et.al, 2015, p.1). This Amendment lasted for nine years and in 2009, anyone was allowed to obtain medical cannabis. There was no
Under the “Compassionate Release” program this would be a good time to deviate from the sentencing guidelines. In short, this is a program would allow individuals how have a terminal medical condition could apply for Medical Probation. This concept was first introduced in the New York State in 1992. Subsequently, those who experience a terminal illness would go threw proses. First, the individual would have to prove the medical contention is debilitating or terminal by a licensed physician. Second, the individual would have to prove they are not a threat to or danger to society if released. Finally, the parole board would have to hold a formal review to look at all of the evidence proving the individual is terminal.
The Bipartisan Bill TX SB339 also known as “Texas Compassionate Use Act” is an Amendment proposed to the Texas Legislature on January 23, 2015. It relates to the medical use of low THC cannabis for patients who have tried every other form of treatment. The Bill amends Texas constitution SECTION 1. Subtitle C, Title 6, of the Health and Safety Code, by adding Chapter 487. This amendment allows “Dispensing Organizations” cultivate, process, and dispense low THC cannabis to patients who low-THC cannabis is prescribed under Chapter 169 of the Occupations Code. The bill focuses on helping individuals, especially those who are children, with chronic medical issues and constant seizures caused by epilepsy by using cannabis oil. Cannabis oils do not
There are many acts that help the employees within the workforce. The acts we will be discussing are as follows: Americans with Disabilities Act, Age Discrimination in Employment act, Occupational Safety and Health Act, Family Medical Leave Act, and Fair Labor Standards Act. We will also be discussing harassment, diversity, and grievances.
(2015). Sec. 481.201). In June of 2015, the “Compassionate-Use Act” was passed to allow patients low prescriptions of THC to help alleviate seizures and other painful symptoms. To do this, the doctor must have proven that he prescribed two separate non-THC treatments and both proved ineffective of alleviating the patient’s systems (Health and Safety Code, 2015, S.B. 339).
It is critical for people to recognize the importance of obtaining a living will or a Medical Power of Attorney before a health concern occurs. Since the health of an individual can never be predicted because of unseen accidents and conditions that can arise it is imperative to make this a priority. Thanks to the “Patient Self-Determination Act of 1990” it is now a priority for a health facility to obtain an advance directive from a patient before care is given (Goede & Wheeler, 2015). However, relying on the probability that a patient will enter into a health facility in a state of good health is unpredictable. To assure that a patient’s autonomy is being respected in the medical decision-making process obtaining a living will or a Medical
The Supremacy Clause: Conflict between Federal and State Law as it relates to Medical Marijuana
Many studies have shown that marijuana can be an effective treatment for pain, nausea, multiple sclerosis, vomiting associated with chemotherapy, and extensive weight loss associated with AIDS. It can be used by itself as a treatment or it can aid in decreasing the side effects of the specified treatment (Clark). A widely known use of marijuana is to improve decreased appetite that is a result of some cancer treatments. (I.e. chemo or radiation). In 1996 the organization WAMM, “Wo/Men’s Alliance for Medical Marijuana” was founded. The members are low income patients with life-threatening illnesses. This group knew the benefits that marijuana had and wanted to fight for their right to make it available to them. The members grew their own marijuana, and despite ongoing threats from the federal government, WAMM eventually secured a “federal injunction” that protected the group from further interference. For a year WAMM had the only fully legal marijuana garden (Chapkis). The acts performed by this group prove that there is a use for marijuana and people will go to great lengths to get what they need to help them during their healing processes. According to Judge Francis L. Young, DEA Administrative Law Judge, evidence shows that marijuana is capable of safely relieving the distress of people with illnesses and it would be unreasonable, arbitrary and capricious for DEA to continue to stand between those who suffer and the benefits of this substance
First, from 1900 to 1940, marijuana, including opium and cocaine were considered part of everyday drugs. As time went on, the U.S. cracked down on crack and opium, eventually outlawing them, but continued to be very “loose” with the use of marijuana. Hoxter a weed smuggler explains how he began in the 1960’s trying weed and years later saw himself unloading four hundred pounds of pot in Vancouver. The story of this man ends in his isolation and argument of why he couldn’t smoke weed even if he stopped selling? He asked a parole officer and she didn’t know what to respond. It is true what Hoxter states, fifty years ago alcohol was illegal and now it’s not, was it bad then? Will weed be legalized? And will the conflicts have been in vain? (Schou 8). Around the late 90’s and early 2000’s, scientific studies started to produce jaw-dropping results. Scientists started to discover that marijuana can significantly help people who have become ill. Medical Marijuana has been tested to help people with cataracts, cancer and severe depression (Zeese 1999). With this new worldwide discovery, the argument about medical marijuana ignited. States wanted to only make medical marijuana legal so it may help sick people, but the government did not want any form of marijuana legal. The law that was known throughout the United States was any form of marijuana was illegal. But now with this new discovery, doctors in states across the country want the
This organization was the first in the country to be granted non-profit status. By 1937, marijuana had been classified as a narcotic by all states. It wasn?t until 1972 that there was a call for the decriminalization of marijuana by the government. The American Medical Association and the National Council of Churches endorsed the decriminalization of marijuana. One must believe that support from an organization with such influence in the medical field that marijuana must have some medicinal purpose. In 1996, California passed Proposition 215, which legalized possession of marijuana for patients with a doctor?s recommendation who are suffering from AIDS, cancer, Glaucoma, and other illnesses. In September of 2000, federal Judge William Alsup of the Ninth Circuit Court in San Francisco ruled that the government could not punish doctors who recommend the benefits of marijuana to their patients. This verdict gave ill people a sign of hope that they will be able to take whatever medication necessary, even marijuana, to treat their sicknesses.