The Next State In The Federal Government’s Crosshairs Is Colorado

I posted previously about an interesting variation in the federalism problem which state medical cannabis laws create. State medical cannabis laws are an end-run around federal drug control policy, A/K/A prohibition. However, even when the states legalize therapeutic uses of cannabis, the localities can use their powers to ban cannabis distribution systems. Upper Freehold NJ… Read More NJ township bans medical marijuana dispensaries

In my latest post I cited to the section of Gonzales v. Raich in which the decision indicated that moving cannabis to one of Schedule II through V would still subject cannabis to [I paraphrase] the heavy regulatory burdens of the Controlled Substances Act. The opinion goes on to say “Furthermore, the dispensing of new… Read More Cannabis as an herb, literally and legally.

For about two weeks I have intended to respond to Eapen’s comment on my last post in which s/he (?) asked about the relationship between (a) Buford Terrell’s proposed interpretation of the “currently accepted medical use in treatment” scheduling criterion and (b) the US Supreme Court’s decision in Gonzales v Raich, 545 US 1 (2005).… Read More Federal regulation of medicine and Gonzales v Raich

That which stands between the current human condition and an alternative mode of existence is 21 U.S.C. Section 812(b)(1)(B). That statutory citation, in plain English, is the “medical use” prong of Schedule I of the Controlled Substances Act, the knot at the heart of drug prohibition. Section 812 of the CSA states the elements of… Read More "Currently accepted medical use in treatment," A/K/A the end game