The Complex Legal Nature of Cannabis in the US
Medical marijuana is now legal in some states in the US and many countries around the world. This means that the healing properties of the plants are currently recognized in these areas. In fact, doctors are now prescribing medicines containing the plant. What’s more, companies have started the production and sale of marijuana concentrates, edibles, and oil.
But even as medical weed is now getting mainstream, its legality still confuses ordinary people, lawyers, and even regulators. To shed light on cannabis legality, you need to be clarified on this subject.
What is Medical Marijuana?
Since ancient times, Cannabis sativa, commonly known as marijuana, weed, pot, or Mary Jane, has been used for certain types of diseases. Ancient doctors used the plant to relieve aches and pain. In fact, Chinese surgeons even used the plant as anesthetics.
But it is only in the 1830s that marijuana has been used as medicine in the modern era. Sir William Brooke O’Shaughnessy discovered that extracts from cannabis could relieve stomach pain in cholera sufferers. From then on, scientists started researching the healing properties of this plant.
CBD and THC: Two Substances from Weed
Researchers were able to extract two important substances from weed: cannabidiol (CBD) and tetrahydrocannabinol (THC). CBD has no effect in a person’s thinking while THC can change a person’s mood and mental functioning.
Currently, scientists have volumes of studies showing the therapeutic powers of CBD. In fact, even the WHO cited the capacity of this substance to help cure pain, anxiety, depression. epilepsy, Parkinson’s disease, Alzheimer’s disease, some forms of cancer, and other diseases. Citing these scientific findings, many countries and 33 states in the US have decriminalized the use of marijuana for medical purposes.
Grey Areas in Cannabis Legality in the US
But confusion about the legality of cannabis remains. The US federal government does not legalize medical cannabis even though 33 US states have already decriminalized medical marijuana. One source of confusion is the legal definition of marijuana as stated in the Marihuana Tax Act of 1937. In the said legislation, all Cannabis species and all their parts, including their leaves and flowers are prohibited. The definition also covers “the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, or resins.”
What is noticeable is CBD is not listed in the United States Controlled Substances Act, unlike marijuana and THC. This means that, technically, products that contain CBD, like oils, edibles, and balms are not considered dangerous substances while in the previous legislation, any extract from the cannabis plant is prohibited.
Another point of contention is the cultivation and production of hemp, which is a member of the Cannabis family. According to the law, growing this plant illegal in the US. But the country has been importing hemp products such as fabrics, ropes, and paper for many years without legal sanctions.
At the same time, the country has been using imported hemp oil from Europe. This oil is a by-product of CBD and is an important compound in many of the country’s products. Technically, hemp oil is not an extract or a part of marijuana but producing it inside the US is banned by law.
To clarify these grey areas, politicians should make a move to revising the existing laws. This way, Americans can fully enjoy the medical and industrial benefits of cannabis.
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