By Margie Vasquez
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Extra info for Marijuana: medical uses, regulations and legal issues
11 Nov. 1998: 1616. Annas GJ. Reefer Madness – The Federal Response to California’s Medical-Marijuana Law. The New England Journal of Medicine 337. 7 Aug. 1997: 439. National Conference of State Legislatures, “State Medical Marijuana Laws,” November 11, 2015. aspx. Stack P, Suddath C. A brief history of medical marijuana. Time. 21 Oct. 2009. html. Webley K. Brief History: Medical Marijuana. Time. 21 Jun. 2010, Vol. 175 Issue 24, p22. Thomas J. The Past Present, and Future of Medical Marijuana in the United States.
The DEA will not reschedule marijuana without an official determination of the safety and efficacy from the Food and Drug Administration (FDA). In order to reschedule marijuana, the FDA requires controlled, doubleblind clinical trials for this to occur. However, there is a major obstacle preventing these trials. Like all other herbal medicines, marijuana faces a major roadblock that inhibits conducting sophisticated clinical trials: a lack of patentable product . Without the financial incentive of being able to patent the substance as a commercial product, few have pursued the path of carrying 22 Peter A.
The Supreme Court, citing a 1942 opinion , held that the federal government may regulate any activity that has a substantial effect on interstate commerce. The Supreme Court acknowledged that the federal government had to satisfy only the mostminimal burden of proof to determine that an activity has a substantial effect on interstate commerce. In the case of medical marijuana, the Supreme Court held that difficulties in distinguishing locally-cultivated and marijuana grown elsewhere, coupled with concerns of diversion into illicit channels, that the federal government met its burden for believing that the failure to regulate the intrastate manufacture and possession of marijuana would frustrate the Congressional intent of the CSA.
Marijuana: medical uses, regulations and legal issues by Margie Vasquez