Chapter 3
The federal government’s Marijuana Tax Act of 1937 effectively prohibited the use of cannabis as a prescription drug in the United States. Cannabis is the chemical in marijuana plants that provides the mind-altering effects which made it so popular as a recreational drug, and thus led to the 1937 law. However, cannabis has also been used for centuries for medicinal purposes. In fact, prior to the discovery of aspirin, cannabis was the most common drug used to treat headaches and other types of pain in the 19th century. The 1937 law was inspired by non-medical uses of the drug, although it had the effect of banning it for medical purposes as well. At the time the federal law was passed, many in the medical community, including the American Medical Association, opposed restricting its use for medical purposes.
Today, the use of cannabis for medicinal purposes has become a controversial issue, debated throughout the American federal system. A number of states, including California, have recently passed laws that allow the use of cannabis for medical purposes. In 2002, Angel Raich, a Californian, was using home grown marijuana prescribed by her physician who determined that without it, Raich’s high level of pain could endanger her life. Federal agents from the Drug Enforcement Administration seized and destroyed the marijuana plants that Raich was using. Raich sued, claiming that her rights were violated and that the federal government could not rely on the commerce clause to trump California law in this instance. In Gonzales v. Raich (2005),* the U.S. Supreme Court ruled in favor of the federal government, holding that Congress indeed has the authority under the commerce clause to regulate activities such as marijuana use that have a substantial impact on interstate commerce.
Below, find various links that relate to the “medical marijuana controversy” in historical, popular, and global perspective.