Medical Student Educational Presentation
Transcript: Marijuana in Maryland State vs. Federal Laws Loopholes Healthcare Professional Roles State vs. Federal Laws State: -2014: HB 881 legalized medical marijuana -2014: SB 364 decriminalized the possession of small amount of marijuana >10 g -("Maryland Marijuana Laws," 2020) Federal: -The use, sale, and possession of marijuana is illegal and considered a federal crime -Medical and recreational use of marijuana is federally prohibited -(Gray, 2021) Federal: -2018: Farm Bill legalized hemp-derived the manufacture, possession and sale of CBD products in the United States -However, CBD products must not contain more than 0.03% THC -("Maryland Marijuana Laws," 2020) Although marijuana remains federally prohibited, under the 10th Amendment, the government cannot "force a state to criminalize an act under state law", thus providing states a loophole around the marijuana prohibition ("Cannabis: Prevalence of Use, Regulation, and Current Policy Landscape," 2017, p. 61) State: -It is legal to use, buy, and possess CBD and CBD products in MD -Medical approval is not necessary for CBD use, however it must contain >0.3% THC -2016: HB 443 allows licensed growers to cultivate hemp -("Maryland Marijuana Laws," 2020) Reference: National Academies of Sciences, E. and M., Health and Medicine Division, Board on Population Health and Public Health Practice, & Committee on the Health Effects of Marijuana: An Evidence Review and Research Agenda. (2017). The Health Effects of Cannabis and Cannabinoids : The Current State of Evidence and Recommendations for Research. National Academies Press. Background Information Healthcare Professional Roles State vs. Federal Laws Federal: -The use and possession of marijuana, medical or recreational, is federally prohibited under the CSA -Prescribing medical cannabis is illegal under federal law. -(Gray, 2021) Marijuana is federally illegal under the CSA and is currently classified as a Schedule I drug meaning: -It is considered one of the most dangerous substances -It does not have accepted medical value -It has high potential for abuse -It is considered unsafe, even under medical conditions State: -2014: HB 881 authorizes certified physicians to provide patients with a written certification for medicinal marijuana, allowing up to 120 grams of possession -Patients must also register through their state's program, the Maryland Medical Cannabis Commission (MMCC) -("Maryland Marijuana Laws," 2020) References Reference: National Academies of Sciences, E. and M., Health and Medicine Division, Board on Population Health and Public Health Practice, & Committee on the Health Effects of Marijuana: An Evidence Review and Research Agenda. (2017). The Health Effects of Cannabis and Cannabinoids : The Current State of Evidence and Recommendations for Research. National Academies Press. Gray, G. (2021, August 30). Federal taxation of cannabis: A primer. American Action Forum. Retrieved September 17, 2021, from https://www.americanactionforum.org/research/federal-taxation-of-cannabis-a-primer/#ixzz76ZwCpMOk. Maryland marijuana laws. Medical Marijuana, Inc. (2020, April 5). Retrieved September 17, 2021, from https://medicalmarijuanainc.com/maryland-marijuana-laws/. Riley, E. (2019, December 14). Strapped: Most medical marijuana businesses operate as cash-only due to federal laws. Post. Retrieved September 17, 2021, from https://www.fredericknewspost.com/news/economy_and_business/services/strapped-most-medical-marijuana-businesses-operate-as-cash-only-due-to-federal-laws/article_5ab1407e-d4c1-513a-8cdd-95c90d4d3c12.html. Commercial Cannabis Business State vs. Federal Laws State: -Medical marijuana businesses are legal in MD. However, many challenged are presented such as: Lack of access to bank loans - only 3 willing to provide services in MD Still required to pay federal taxes Cannot claim commons deductible expenses -(Riley, 2019) Federal vs. State Cannabis Laws in Maryland Federal: -Prohibits the sale and distribution of marijuana, yet medical dispensaries are still required to pay taxes -The Bank Security Act (BSA) requires banks to report any suspected illegal activity, such as marijuana businesses -Additionally, since federal law regulates banks and the federal law classifies marijuana as a Schedule I drug, it is extremely risky to work with marijuana-related businesses -(Gray, 2021)