This week, Senators Cory Booker (D-NJ), Rand Paul (R-KY), and Kirsten Gillibrand (D-NY) introduced bipartisan legislation that will allow the use of medical marijuana in states where it is legal without fear of federal prosecution.  The “Compassionate Access, Research Expansion and Respect States Act” (S 683) would reschedule marijuana from a Schedule I to a Schedule II drug to recognize it has accepted medical use.  The bill also amends federal law to allow states to set their own medical marijuana policies.  The legislation does not legalize medical marijuana; rather it would respect the states that have sanctioned/implemented their own medical marijuana programs and prevents federal law enforcement from prosecuting patients, doctors and caregivers in those states.  This legislation is similar to the current U.S. Department of Justice policy to make the federal prosecution of medical marijuana cases a low priority if persons are in clean and unambiguous compliance with existing states’ laws providing for the medical use of marijuana.  

Currently, 23 states including California, plus the District of Columbia have sanctioned medical marijuana in some form or another.  The California Legislature continues to struggle to implement a medical marijuana regulatory framework.  Currently, there are two comprehensive measures pending – AB 26 (Jones-Sawyer)/AB 34 (Bonta) and AB 266 (Cooley).  These measures are expected to have their first legislative review in the coming weeks.