It should be noted that this article is for information purposes only and should not, under any circumstances, be accepted as legal or health advice

We need to be clear up-front – if you’re reading this in the USA then there’s not a simple answer to the question "what’s the position on medical marijuana?" This article can’t provide you with legal advice and the situation differs from one state to another. To make matters even worse, over recent years there have been a number of squabbles (the lawyers would call them ‘jurisdictional discussions’) between the federal and state lawmakers over who’s in charge in this area. This has come about because a number of states have now passed legislation allowing (tolerating in some cases) the use of medical marijuana in some situations.

Unfortunately, the simplified federal position is that it remains a prohibited substance irrespective of use and the FDA (Federal Drug Administration) continues to maintain that it has no scientifically proven benefit in medical treatment. So, all that can be said is that it’s typically a smart idea to check with your state government or a legally qualified person if you’d like to know how the law might affect you personally where you live.

Marijuana and medical marijuana

Nobody disputes that marijuana has been used in medicine for thousands of years. What has been (and is) disputed is:

• how effective it is;

• side-effects;

• whether or not medical marijuana use is linked to recreational use of the same substance.

What puzzles some is why this whole subject is so emotive for so many others. Few people dispute that far more potentially noxious and addictive substances are routinely prescribed in conventional medicines apparently without serious doubt or debate. Why marijuana can’t be subject to the same medical evaluations and, if approved, routinely used in a controlled fashion as per many other medical drugs, remains a mystery to many. However, the reality is that the subject remains controversial and may well remain so for the foreseeable future.

Marijuana cafes abroad

In some countries, the authorities either permit or simply ignore the use of medical marijuana.

In some, the controls are relatively relaxed and, no doubt, some recreational use takes place under the flag of convenience of medical marijuana. In others, the controls are tighter and its use monitored to ensure that it is being used in legitimate medical situations. This use is sometimes through ‘conventional’ medical channels, though some use in holistic or alternative therapies may also be acceptable. In some countries, the use of marijuana in the role of an analgesic or medical aid is permitted through marijuana outlets sometimes called marijuana cafés – though they’re not always cafés!

Perhaps the best-known example of this is in Holland where its use in certain establishments is legally tolerated provided certain conditions are met. In fact, the Dutch position is unusual because there isn’t a particular stipulation requiring medical use – the marijuana cafés are permitted under the auspices of small quantities for personal use. That’s quite a different thing!

Medical marijuana cafés in the USA

In 2009 Portland, Oregon became hugely famous as it opened the USA’s first medical marijuana café (it subsequently closed following a premises argument but later re-opened. Furthermore its massive publicity behind the claim to have been the first is vigorously disputed by several others – notably in California). Here people that hold official cards indicating that they are using marijuana for medical purposes, are allowed to smoke it. By ‘allowed’, that means by the owners and the state authorities. As stated above, the federal position at the moment appears to be one of turning a blind eye. Several other states are currently debating legislation to formalize the prescription and distribution of medical marijuana and in some cases, how and where it may be used.

In fact, marijuana is now used increasingly openly in numbers of establishments in several states. Some of these call themselves marijuana cafés and others don’t – presumably in an attempt to maintain a slightly lower profile irrespective of how tolerant local state laws are (and it’s worth noting that local area regulations and law enforcement may not necessarily all share the same views as to what is or is not permissible). In most cases, some form of official certification is required to prove that the marijuana has been prescribed for medical use.

Whether this new tolerant culture is maintained and results in more ‘formal’ medical marijuana cafés in the USA is currently open to speculation. For the time being, many people obtaining relief and help through state legalized medical marijuana use may continue to be restricted to cautious home use or in locations operating covertly.