Conant V. Walters

Conant v. Walter e Yes We Cannabis

Justin Amadi Ogunji

November 28, 2013

MBA 630

Table of Contents

Introduction ………………………………………………………..……….3

Facts .…………………………………………………………………….……..4

Holding …………………………………………………………………………5

Roadmap ………………………………………………………..................6

Detailed Discussion of Facts and Holding ……………………...6-10

Analysis …………………………………………………………………..…….10-12

Conclusion …………………………………………………………………….12-13

Endnotes …………………………………………………………..……………14

Introduction

Cannabis has been considered a medicinal herb in the United States for over a century. The decision reached in Conant v. Walters concerning the prescription of medical cannabis has been one of the landmark cases initiating a revolution towards making cannabis legal in this country. Eighteen states have already made the use of cannabis for medicinal purposes legal under their statutes; decriminalizing possession of small quantities. Colorado and Washington have even taken their statues a step further becoming the first states to legalize the recreational use of cannabis and the paraphernalia used to ingest it as well. The recent change in the way cannabis is viewed by state governments has reflected a trend towards profiting from its frequent medical and recreational use. Despite the cannabis advocate’s recent advancements throughout the country; the cannabis industry remains conditionally illegal under the Federal Marijuana Policy, the Comprehensive Drug Abuse Prevention and Control Act and the Supremacy Clause.

Despite the federal laws, cannabis remains legal for physicians to prescribe to their patients. Conant v. Walters was correct in making cannabis legal for medical use; but the federal laws classifying this herb as a psychoactive drug in the most restrictive tier of the Controlled Substances Act are baffling. The Controlled Substances Act contradicts itself classifying cannabis as a Schedule 1 drug with no accepted...