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| Marijuana and Medical Marijuana |
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Marijuana and Medical Marijuana
Marijuana, the second most widely used mood-altering drug after alcohol, is derived from the dried leaves of the marijuana plant (Cannabis sativa). Marijuana is mainly a hallucinogen. At typical doses, however, the user feels a sense of euphoria and an altered level of consciousness without hallucinations. It is one of those listed in Schedule I of Controlled Substance Act.
Medical Necessity Defense
When the use of marijuana increased in the 1960s, some Americans came across the plant's medicinal properties. Some claimed that symptoms of their disorders were improved after smoking marijuana. One of the ardent users was Robert Randall (Randall v. United States), a glaucoma patient. As a result of his case, two crucial developments occurred in relation to medical uses of marijuana: the government created a treatment program using marijuana, and the advent of citing "medical necessity" as a defense against marijuana possession charges.
The medical necessity defense has its origins from the common law principle which states that an unlawful action can be excused or justified if they are used to prevent greater dangers. For this reason, courts handling such actions must weigh the balance between the interest of individual patients and the government's interest in upholding the law.
The requirements that a defendant needs to establish in medical necessity defense for marijuana use vary from one state to another. In most cases, however, defendants-patients must show that their use of marijuana is necessary to prevent serious medical harm. To prove this claim, the treating medical doctor or another expert in the medical profession would be called on to testify that, indeed, marijuana alleviates the patient's symptoms.
It is also the burden of the defense to convince the jury or judge that the harm that would result from depriving the patient of marijuana is greater than the harm done by breaking the law against controlled substances. Several jurisdictions also require that patients show proof that there exists no other legal alternative treatment. The prosecution and defense often engage in long arguments on this crucial point.
Medical necessity defense is an extremely demanding one. You must consult your attorney whether it would be wise to apply this defense in your case.