In 1988, the DEA held hearings on the transfer of marijuana from Schedule I to Schedule II (for an explanation of the Drug Schedules, Click here). After 2 years of hearings, and examining evidence, DEA Administrative Law Judge Francis Young found that:
"The evidence in this record clearly shows that marijuana has been accepted as capable of relieving the distress of great numbers of very ill people, and doing so with safety under medical supervision. It would be unreasonable, arbitrary and capricious for DEA to continue to stand between those sufferers and the benefits of this substance in light of the evidence in this record."
Judge Young went on to recommend that DEA transfer marijuana from Schedule I to Schedule II. As of Mardch 1998, this transfer has not taken place.
In 1996, two US states, Arizona and California, passed bills that allowed the use of marijuana for certain medical conditions. In other words, voters in those states decided for themselves that marijuana was ok, at least under a doctor's care.
Apparently, voter initiatives weren't good enough. Shortly after the passage of the two bills, the Director of the Office of National Drug Control Policy (the 'drug czar') announced to the citizens of the 2 states that they had been lied to about medical marijuana, and threatened federal action against any doctor or other health care specialist who recommended or prescribed marijuana.
In the meantime, cannabis buyers' clubs have popped up to fill the needs of thousands of medical marijuana patients. The clubs provide a clean, safe place where patients can buy marijuana and, if they choose, consume it on the premises. Several of these clubs have been raided by federal and local authorities, even though there have been no reports of trouble from any club members.
In late 1997, another court battle ensued, this time based on the non-addictive properties of marijuana. The suit stated that, due to new evidence detailing the workings of THC in the brain, marijuana should be re-classified. This time, DEA turned the matter over to Health & Human Services for final determination, saying that "sufficient evidence exists" to re-examine the scheduling of marijuana. That decision is still pending.
While several states now allow for medical marijuana, use and possession of marijuana, except for a very few citizens, is still against federal law. The government will even go against voter's wishes to prosecute marijuana users.
One has to wonder why, in the face of the evidence, the Federal Government has kept up its stance on marijuana use. Sooner or later, the Federal Government will have to admit that there is a legitimate need for approving marijuana, at least as a medical treatment.