More Than Half U.S. States Have Medical Marijuana Laws Thurs, July 10, 2003 A recent report by the Drug Policy Research Center (DPRC) shows that twenty-seven states and the District of Columbia currently have one or more laws to enable the medical use of marijuana. Although these numbers are a promising reflection of the progression towards more sensible and compassionate marijuana laws across the nation, the DPRC report rightly notes that most of these state laws can only become operational if federal marijuana law changes. The most common type of medical marijuana law - enacted in 14 of the 27 states - protects physicians, pharmacies and patients involved in federally-approved therapeutic research programs on the medicinal value of marijuana. Unfortunately, such programs are offered little protection because of the difficulty breaking through the bureaucracy to get up and running. Another thirteen states have physician prescription laws to protect physicians who prescribe marijuana or discuss its medicinal value to their patients. This law is often coupled with medical necessity laws which enable a legal defense for patients and, in some cases, their caregivers in state marijuana cases. Eleven states currently have laws allowing patients or caregivers to obtain marijuana upon a physician's recommendation and provide them with a defense from state prosecution for use and/or possession of marijuana for medical purposes. Finally, three states have rescheduled marijuana out of the state's Controlled Substance Act, which lists it as a Schedule I drug, to a lower schedule that recognizes its medicinal value. While such provisions appear to provide broad access to medical marijuana, they are still subordinate to the federal law in which marijuana is a Schedule I drug. Only therapeutic research programs are currently consistent with federal laws so the report warns that marijuana reform policymakers and advocates should be aware of three major hurdles. First, federal courts have not accepted the medical necessity exception for patients tried in federal courts. Secondly, the federal government is responsible for administering (and revoking) physicians' licenses for prescribing medicine, giving physicians a strong incentive not to write marijuana prescriptions. Finally, states need to create a legitimate supply mechanism for patients that does not create a bigger burden for law enforcement. Eight states have found ways around these problems by removing criminal penalties for patients who use, possess, and grow medical marijuana with their doctors' approval. Effective medical marijuana laws have been enacted through ballot initiatives in Alaska, California, Colorado, Maine, Nevada, Oregon, and Washington, and passed by the legislature in Hawaii. How State Medical Marijuana Laws Vary - Research Brief. RAND; 2003. http://www.drugpolicy.org/news/07_10_03medmj.cfm