I have read that Alaska, Arizona, California, Colorado, Hawaii, Maine, Montana, Nevada, Oregon, Vermont and Washington all approve medical cannabis. I have also read that the 1937 Marijuana Tax Act banned marijuana on a federal level. Are doctors who prescribe medical cannabis in these states committing a felony?
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Use of marijuana under the medical law is authorized even when there is a ban against marijuana because the latter is a general law.
States can do pretty much whatever they want for laws but will risk loosing federal funding. in the case of medical marywana feds can still come in and bust you with it if they feel the need.
I do not care if they are committing a felony or not. I have MS and I would love to find a doctor that would give me a prescription for medical marijuana. It would be so much better than the synthetic drugs I am on.
The same way the Mayors of a number of American cities ignore federal immigration laws and declare their cities “Sanctuary Cities.” They simply usurp the federal law.
Because of the powers of the constitution. The federal government can pass federal laws banning medical marijuana, but due to the checks and balances created by the constitution and amendments, states may allow medicianal marijuana. The FBI may raid pot suppliers, but the local law enforcement may choose to not get involved in the raid. The fact is that marijuana is federally illegal, but it is up to individual states if they want to enforce that.
The states have the power to pass their own laws, under the Constitution. All they can do, though, is say that medical marijuana is not illegal under STATE law but it has absolutely no effect on federal law. Doctors that prescribe medical marijuana are committing the federal felony of Possession with Intent to Distribute, under 21 USC 846. The Federal government can chose to prosecute if they want to but generally decide not to in order to go after “real” drug-traffickers who act entirely outside federal or state law. People who use drugs commit misdemeanor federal possession.