Get Informed: FAQ on Medical Cannabis Federal Legislation

Please also refer to our Federal Medical Cannabis Program- A Proposal for the United States- Frequently Asked Questions presentation.

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[TITLE]Q: Why do we need the federal government to step in? Why not just let states regulate medical cannabis?[/TITLE]

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A: For over 25 years now, states have been passing individual medical cannabis bills. During those years, we have seen, and patients have experienced, varying levels of access, affordability, civil rights protections, and more in their states. Because of this piecemeal approach, every state has built their own, individual program, with different rules and regulations from state to state. This has harmed patients, especially those who live in states that do not permit access or that severely limit access. 

Every year, Americans for Safe Access publishes the State of the States Report, which grades each state and territory medical cannabis law on over 150 metrics. In the most recent report, the highest-scoring state only received 76.14% of the points possible while the lowest-scoring states earned 0%. The average score across the country was a shocking 44.38%. Just one look through the report demonstrates the drastic differences between the level of care and access patients receive from one state to another. There is also no uniformity among these laws. Without federal oversight and coordination among these programs, patients are left bearing the burden of legal research just to make sure they have their medicine without risking prosecution or discrimination. 

Beyond those issues, cannabis for any use remains illegal on the federal level. This has many negative repercussions for patients. Patients are not legally allowed to travel from state to state with their cannabis medicine, minor patients are not allowed to access their cannabis medication near their school, patients face eviction from Housing and Urban Development (HUD) for medicating, and employers can discriminate against cannabis patients. These are only a few of the issues patients face in our current system. 

By stepping in and providing national oversight over these programs, the federal government can set minimum safety standards and protections for patients and can help ensure that patients have adequate access across the country. Not only that, but this office would also be responsible for overseeing cannabis-related policies at other federal agencies or in federal programs, and would help facilitate more research for medical cannabis. All of these are things that are not getting done now. And even if the government did want to start doing all these things tomorrow, it is not equipped to because agencies lack the proper staff and resources. This is why ASA is advocating for the creation of an Office of Medical Cannabis and Cannabinoid Control.

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[TITLE]Q: What should federal medical cannabis legislation do?[/TITLE]

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A: ASA’s model legislation would create a federal cannabis program through two major actions: 1) The creation of the Office of Medical Cannabis and Cannabinoid Control (OMCCC) housed in HHS and 2) The creation of a new schedule for cannabis, Schedule VI. The mission of the OMCC would be to facilitate access to medical cannabis for therapeutic use and research, regulate the production of medical cannabis products, and oversee the new schedule VI.

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[TITLE]Q: Is passing federal legislation possible?[/TITLE]

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A: Absolutely! And not in some “wish upon a star” or “when pigs fly” kind of way. The momentum is on our side and cannabis policy is getting more and more attention - and congressional support - by the day.

In fact, on November 16, 2022, Congress sent the first-ever standalone cannabis reform bill to the President’s desk. This bill, the Medical Marijuana and Cannabidiol Research Act, is just one of many cannabis reform bills that have been introduced in Congress. 

Medical cannabis continues to have support from the vast majority of Americans. And in a time when policymakers seem divided on every aspect of policy, medical cannabis remains a bipartisan issue and one that is still important to members of both parties. 

Cannabis patients have been left behind for too long. With the current momentum and support for medical cannabis, it is time for the federal government to do away with the archaic prohibition policies that actively harm patients. Because patient needs are distinct from recreational consumer needs, Congress should use this time to pass the much-needed patient protections while their conversations and debates around recreational use continue. Patients cannot afford to be left behind any longer.

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