Prescribing A Recommendation: The Compensability Of Medical Marijuana

Historically, marijuana has been classified as a Schedule I drug under the federal Controlled Substances Act of 1970. Specifically, marijuana with a THC level of 0.3 percent or higher is considered to have ‘no accepted medical use,’ and has a high potential for abuse and physical or psychological dependence.

Federally, marijuana use is illegal for any reason, except for research programs approved by the Food and Drug Administration (FDA).

However, multiple states have enacted legislation permitting the use of marijuana medically, recreationally, or both.

The United States Supreme Court has consistently reinforced that the federal government has the right to regulate all aspects of marijuana, including use and criminalization.

The growing medical marijuana industry, including cannabis dispensaries, is, therefore, neither registered with the federal government, nor approved by the FDA. Rather, the use of medical marijuana is governed by the individual states, as is the licensing of dispensaries.