Controversy still exists between easing the access to marijuana based on health conditions and individual state drug laws governed by regulators. It’s considered a crime to willfully possess, or cultivate with the intent to sell controlled substances. In the recent years several medical licenses face the possibility of revocation for failing to abide by the health regulations in sustaining a doctor patient relationship prior to issuing medical cannabis recommendations and charging for services.
Medical practitioners support the medical facts founded on scientific research, which reveal a lower trace of marijuana’s psychotropic chemical, tetrahydrocannabinol (THC), as a result of the controlled purification process of farming medical marijuana. Yet, the drug still falls under the Drug Enforcement Agency’s (DEA) Schedule 1 Drug, known to contain the most lethal drugs, such as heroin, ecstasy and LSD. The lawful struggle for legalizing dispensed marijuana is establishing a legal justification based on federal laws capable of enforcing a controlled substance in altered states.
By law, marijuana is a controlled substance and possession is legal only when used under federally approved circumstances, such as a medical physician or scientific research. In these environments the drug is typically monitored and managed according to legal regulations set in place by the federal government and the holding facility’s operating policy.
The debate right now questions the legalization based on the surge of consumer demand, which is fueling the market. Added to the concerns is the “for-profit” markets for medical therapies, which may render observations or monitoring more difficult in these smaller public clinic environments, while developing healthcare protocols under the federal government’s jurisdiction.
The major hurdle for the industry, dispensary operators and the qualified patients are the federal bans that still exist. Keep in mind that the cannabis laws have changed and states throughout the country are supporting this medical marijuana treatment in favor of traditional medical treatments for pain and other health ailments. Moving forward the cannabis laws will continue to change, suggesting an experienced attorney’s guidance and advice to prevent unlawful drug charges and prosecutions.
23 states took some level of action to implement a managed and controlled marijuana program. While several states actually have licensed dispensaries to legally operate as a result of marijuana-related ballot measure voting there are states, which have opted to retain marijuana as a criminal offense. The approving states each have their own limitations and restrictions imposed on all authorized facilities:
Some states only allow medical treatments in the form of smoking oils or edible pills
Pilot programs are still experimental with a defined term for qualified dispensaries
Limits on the number of operating dispensaries are imposed by the state
Dispensaries are allowed to treat only specific illness ordered by the state
The purposes for the establishing these lawful guidelines are to prevent the exploitation by non-medical users or profiteers, and ensure only safe and proven medical treatments are used. The health benefits of medical marijuana have been noted, but it’s still too early in the cycle to determine, whether or not the effects of treatments are authentic or simply anecdotal. Today, several states allow the sale of medical marijuana but, there are still many unclear laws pending clarifications and regulations pertaining to the distribution and handling of this controlled substance.
The federal government and legal representatives are concerned because of the limited information available to determine the proper dosage for varying health conditions and the medical factors for qualifying the use of marijuana prescriptions. Secondly, the long term effects for various populations from children to seniors under consideration for this form of treatment are still unknown.
The advent of technology presents advantages with the ability to share online medical information between servicing medical professionals and facilities. So far, the laws pertaining to medical marijuana have been about qualified treatments at approved dispensaries. The law pertaining to possession applies to the sale by approved dispensaries directly from the facility.
In developing these treatment services the handling of medical marijuana as a controlled substance outside of the authorized facilities need to be addressed. The guidelines don’t clearly address the probabilities of risk with delivery services outside of the dispensary. Outside delivery is listed as a felony in some states and instigates a potentially grey area for approved practitioners. To date, the medical marijuana guidelines and laws in some states do stipulate indicators and limitations of operating delivery services within approved locations. There are also states that cite any type of delivery outside of the approved dispensary as illegal activities.
The advancements in technology also bring about questions for delivering medical marijuana using online transport services, where products are shipped through courier services or private carriers. Lawfully, transporting any controlled substance is illegal and can lead to federal drug charges, although the medical and pharmaceutical industries do in fact ship approve prescriptions.
One example of the grey areas probes if medical marijuana should be reclassified as an approved prescription and available for delivery? Just as important, if delivery becomes law, defining the restrictions and limitations along with enforcing delivery services of any type to adhere to specific handling will be required. Like all actions, especially ones involving legal consequences, what are the enforcements in the case of illegal actions deliberately breaking the law? …