Member Research and Reports

Member Research and Reports

Temple: Federal Ban on Marijuana Creates a Patchwork of Regulatory Strategies in 27 States and DC

State laws disparately regulate patient registration and civil rights, product safety labeling and packaging, and dispensaries, according to a new study published on July 11 in Addiction.

At the time of the study in February 1, 2017, 27 states and Washington, DC, authorized and regulated medical marijuana.

The study finds that state laws mimic some aspects of federal prescription drug and controlled substances laws, and regulatory strategies used for alcohol, tobacco, and traditional medicines.

Dr. Scott Burris and a team of researchers from the Temple University Center for Public Health Law Research and the RAND Drug Policy Research Center analyzed the characteristics of each state’s laws using data from the Prescription Drug Abuse Policy System.

The laws, the authors say, are an attempt by state governments to protect patients and the public as marijuana is increasingly used to treat illnesses ranging from epilepsy to AIDS.

These laws attempt to fill in gaps created by the nearly 50-year-old federal Controlled Substances Act that classifies marijuana as a Schedule 1 drug with no acceptable medical uses.

“In the absence of the usual federal regulations to protect patients, ensure product safety and prevent diversion and abuse, states have been left to their own devices,” said author Dr. Scott Burris, director of the Center for Public Health Law Research.

Other findings include:

“In this area of health policy, as in others, states are serving as ‘laboratories of democracy,’ but the exercise is only productive if researchers step up to rigorously evaluate the impact of state innovation,” Dr. Burris said. “We largely have no idea about how well these laws protect patients and the public,” Dr. Burris explained.

The authors include Ms. Sarah B. Klieger (CPHLR), Mr. Abraham Gutman (CPHLR), Dr. Leslie Allen (Women Against Abuse, Inc.), Dr. Rosalie Pacula (RAND Drug Policy Research Center), Dr. Jennifer Ibrahim (CPHLR and Temple University College of Public Health), Dr. Scott Burris (CPHLR).

Watch a short video explaining the findings.

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