Legal Information about Cannabis.
Most people believe that Cannabis is ILLEGAL, it is not, it is CONTROLLED. The first question is why are people busted then? They do not have permission or a license for the substance. The same is true for all Controlled Substances like Codeine for example. If you have a prescription then you can legally have it, if you do not you go to jail for illegal possession. The same is true for Cannabis.
What most people do not know is that most states and federally there is a license process to Manufacture, Import, Export, and Distribute controlled substances including Cannabis for non-research purposes
Cannabis is Legal with the proper license issued by the proper state agency, all states have an authority agency to issue licenses for controlled substances and Federally from the DEA. The DEA will not issue a license to anyone who doesn’t have a state license so very few licenses are issued in most states. YET licenses are issued in all states, so it is possible.
Cannabis is a Controlled Substance under the Controlled Substance Act in all the states and Federally. It is currently on Schedule I which means that it has no medical value and a High Potential for abuse. Now while all of that could be argued what can’t be argued is that some 3000+ people, companies, Universities and Organizations that have a license issued by the DEA which allow them to Posses, Distribute, Manufacture (grow), or Import Cannabis.
This begs the question: Why is there a license for a substance that has No Medical Value and a High Potential for Abuse? To regulate it so that you know who is doing what or to outlaw it by not issuing the license so that people can legally have the item?
The DEA deciding not to issue licenses is not within the statute or the regulations. This would be akin to the ATF saying that we are not going to issue licenses to make, or distribute Alcohol. This wouldn’t be tolerated. Remember the DEA has nothing to do with determining that an item has Medical Value. Their job is to enforce the Controlled Substances Act. Just as ATF is in charge of enforcing Alcohol, Tobacco and Firearms laws.
So all that is needed is a controlled substance license and you can legally do what the license allows you, and several people and companies in Minnesota have them. One company in Minnesota had a license to IMPORT Cannabis.
IF the State agencies will issue permits, DEA would follow suit like they have with the 3000+ others throughout the US who have a license to Possess, Manufacture, and Import CANNABIS legally each year.
I know this is hard to believe but DEA does issue over 900 licenses for Cannabis each year. If you do not believe me then here is a link to the DEA where you can apply online for a controlled substance license.
As you go through the instructions you will find the code for Cannabis. You will see that you can apply to Manufacture (grow), Import, Distribute, and Posses. The problem comes in when you’re supposed to put in the state License number. If the State Agency doesn’t issue the license the Federal Government will not issue the license. The same is true for the ATF, if you do not get state approval to manufacture alcohol you will not get a ATF license.
So we do not need any new laws. There is the controlled substance act. What is needed is for someone with political will to tell the state agency responsible for this to be responsible for this.
I have been harping on this for over 2 decades but no one will listen to the honest truth.
CANNABIS IS LEGAL IF YOU GET A LICENSE.. Let’s get licenses issued!!! That’s easier than changing the law.