Drugs and Narcotics

For many decades, the federal government has classified marijuana as a controlled substance that cannot be used legally except for scientific research projects. Although state governments continue to make the possession, distributions, and use of marijuana a crime, nine states have legalized the use of the drug for medicinal use. Through the use of ballot initiatives, voters approved these so-called "medical marijuana" laws in eight of these states, including California. Advocates contend that persons who are afflicted with serious illnesses such as AIDS, cancer, and multiple sclerosis are helped by smoking marijuana. The federal government contested the constitutionality of these laws, believing that federal drug laws prevent the states from making exceptions.

The federal government's efforts to end the distribution of medical marijuana in California led to a U.S. Supreme Court decision, United States v. Oakland Cannabis Buyers' Cooperative, 532 U.S. 483, 121 S. Ct. 1711, 149 L. Ed. 2d 722 (2001). The Court agreed with the federal government, concluding that the federal Controlled Substances Act did not recognize the use of marijuana for medical purposes.

The case grew out of a 1996 vote in California. Citizens had brought about an initiative called the Compassionate Use Act of 1996. The law sought to provide seriously ill persons with legal clearance to purchase marijuana for medicinal use. It permitted patients and their primary caregivers to possess or to cultivate marijuana for medical purposes if approved by a physician. Following the law's enactment, numerous organizations started "medical cannabis dispensaries" to distribute marijuana to eligible patients. The Oakland Cannabis Buyers' Cooperative was one of those organizations. The nonprofit cooperative employed a doctor and registered nurses to screen prospective members through a personal interview and a review of the treating physician's written statement. If the person met the requirements, the cooperative issued the person an identification card that entitled him or her to purchase marijuana from the organization.

The federal government sued the cooperative in 1998 and asked the federal district court to issue an INJUNCTION banning the cooperative from distributing and manufacturing marijuana. The court agreed that the cooperative had violated the federal controlled-substance law and issued the injunction. On appeal, the Ninth Circuit Court of Appeals reversed the lower court's decision. It ruled that a "medical necessity exemption" existed and that the district court could apply its equitable discretion and permit the cooperative to assert such an exemption.

Subsequently, the U.S. Supreme Court reversed the Ninth Circuit in an 8-0 decision. Justice CLARENCE THOMAS, writing for the Court, looked to the provisions of the Controlled Substances Act to determine whether the courts could make medical necessity a defense. Thomas noted that marijuana is classified as a schedule I substance. The only express exception to the unlawfulness of possession, manufacture, or distribution is for government-approved research projects. Taking these provisions into account, Justice Thomas concluded that there was clearly no statutory exemption.

Although certain groups continue to advocate making marijuana use legal, the movement has lost steam since the decision in Oakland Cannabis—especially those groups that advocate making marijuana use legal for any purpose, including recreational use. These individuals claim that marijuana is no more harmful than alcohol, which is regulated but has not been outlawed since Prohibition was reversed in the 1930s. This movement, generally led by some small liberal and radical groups, has never had backing among politicians and is even less likely to garner support in light of Oakland Cannabis.