The Controlled Substances Act, 21 U.S.C. Section 811 et. seq. (CSA), enacted in 1970, provides that marijuana is a “Schedule I” drug because, in the words of the CSA, it has a “high potential for abuse,” “no currently accepted medical use in treatment,” and “there is a lack of accepted safety for use … under medical supervision.” Accordingly, under the CSA, it is unlawful to “manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense,” marijuana in any form.
That said, an increasing number of states have enacted state legislation legalizing the use of marijuana for medicinal purposes. Since California first legalized medical marijuana in 1996, 22 other states and the District of Columbia have passed similar legislation, and 10 of those jurisdictions enacted their medical marijuana regulations since 2010. In 2014, legislation to legalize medical marijuana was proposed in 11 other states, including Pennsylvania, where SB 1182, titled the “Gov. Raymond Shafer Compassionate Use of Medical Cannabis Act,” sponsored by state Sen. Mike Folmer, R-Lebanon, was introduced to the General Assembly on Jan. 15.
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