THE HISTORY OF MEDICAL MARIJUANA IN THE U.S. AND ITS IMPLICATIONS FOR THE CURRENT LEGAL IMPEDIMENTS TO THE MEDICAL USE OF MARIJUANA IN THE STATES

Abstract

The twenty-five year controversy surrounding the illegal status of medicinal marijuana, which remains unresolved, provides an excellent study of the relationship between the Food and Drug Administration ("FDA"), the Drug Enforcement Agency ("DEA"), and the courts. During this historical chronology the agencies attempt to fulfill their shared duties under the Controlled Substances Act of 1970 ("CSA"), while the judiciary seeks to enforce principles of administrative law and the U.S. Constitution. Added to the difficulty of defining the boundary of each entity's power is the notion that different standards govern the way each determines what is in the best interest of the American people they serve. The following is a discussion of how legal principles and scientific evidence have been, and are working together toward a resolution of the medical marijuana debate.