Medical Marijuana Fact Sheet

Eleven states have adopted medical marijuana laws since 1996 - most of them by a vote of the people (Alaska, Arizona, California, Colorado, Hawaii, Maine, Montana, Nevada, Oregon, Vermont and Washington). More than 20% of the U.S. population now lives in a state where public opinion and the will of the voters on medical marijuana have been transformed into meaningful law.

Almost without exception, federal law still treats the use of marijuana as a criminal offense even if the use is for medical reasons.  Instead of changing federal law to reflect the reforms occurring in the states, the Drug Enforcement Administration (DEA) has increased enforcement efforts against Americans who use or grow marijuana for medicinal use, even in cases where such use is legal under state law.  California has become the focus of the DEA's overzealous and cruel criminal enforcement efforts. 

In 2001 DEA agents raided and closed the Los Angeles Cannabis Resource Center, a non-profit co-op that provided marijuana to approximately 1,000 patients with AIDS, cancer and terminal illnesses.  Although the co-op was operating legally under state law with the full support of local law enforcement and elected officials, 30 armed federal agents stormed the center, seizing marijuana plants, business documents, bank accounts and more than 3,000 confidential medical records.  The West Hollywood Sheriff's Department refused to cooperate with the DEA in this raid. 

Other raids have been made more recently, prompting the California legislature to pass a resolution urging Congress to respect state law, stop the DEA raids, and re-schedule marijuana to allow doctors to prescribe it.  The city and county of Santa Cruz, California have initiated a lawsuit against the federal government arguing that the federal government does not have the constitutional authority to arrest and imprison medical marijuana patients following state law.

These raids use precious resources, cost money, and are needlessly cruel. 

Responding to growing outrage, Rep. Maurice Hinchey (D-NY) and Rep. Dana Rohrabacher (R-CA) will, for the second year in a row, likely offer an amendment later this year that would prevent the DEA from spending money to undermine state medical marijuana laws. Once introduced, this amendment would force Congress to confront the medical marijuana issue.

Talking Points:

• More than 70% of voters support the right of patients to use marijuana with a doctor's recommendation - including substantial majorities of Democrats, Republicans, and Independents.
• Doctors and nurses support medical marijuana. The Institute of Medicine has determined that nausea, appetite loss, pain and anxiety "all can be mitigated by marijuana." The esteemed medical journal, The Lancet Neurology, has stated that marijuana's active components "inhibit pain in virtually every experimental pain paradigm."  Allowing patients legal access to medical marijuana has been endorsed by numerous organizations, including the AIDS Action Council, American Bar Association, American Public Health Association, American Nurses Association, National Association of Attorneys General, and the California Medical Association.
• The federal government is undermining the right of states to determine their own medical marijuana policy. Since 1996, eleven states have adopted medical marijuana laws - most of them by a vote of the people.  (Alaska, Arizona, California, Colorado, Hawaii, Maine, Maryland, Nevada, Oregon, Vermont and Washington). Medical marijuana supporters want to give states more freedom to make their own decisions. Opponents want the federal government to deprive states of the right to determine their own health care policies.
• The Drug Enforcement Administration (DEA) continues to waste taxpayer money and scarce law-enforcement resources arresting patients and caregivers for medical marijuana - even in states where it is legal.  Supporters of medical marijuana believe it is more important to fight violent crime and major drug traffickers than arrest AIDS and cancer patients.  Opponents want the DEA to shift law-enforcement resources away from fighting violent criminals to arresting sick people and their caregivers.
• At stake in this debate is who should be deciding what is best for patients: individuals and their doctors or federal bureaucrats. Supporters of medical marijuana want to protect medical privacy and the doctor/patient relationship. Opponents want to put big government into every doctor's office.
• Ultimately, the medical marijuana issue is about removing the threat of arrest for patients and their friends and family who provide them care. Supporters of medical marijuana oppose putting sick people in jail for following their doctor's recommendations. Opponents support putting sick people in jail.