The law allows patients with specific conditions to use marijuana which would be dispensed through licensed “alternative treatment centers”. The conditions which qualify include: cancer, glaucoma, multiple sclerosis, HIV/AIDS, seizure disorder, Lou Gherig’s disease, severe muscle spasms, muscular dystrophy, inflammatory bowel disease, Crohn’s disease, and any terminal illness when the patient is expected to die within a year. The State Health Department will be tasked with writing rules to implement the new law, and other qualifying illnesses may be added to this list.

The National Academy of Sciences Institute of Medicine has found that marijuana can be beneficial in alleviating pain associated with certain debilitating medical conditions. In addition, national polls show that eight in ten Americans support legalizing marijuana for medical use, and nearly half support decriminalizing the drug in general. The move to legalize marijuana for medical purposes by several states comes in the wake of a Department of Justice announcement in October 2009 that it would no longer prosecute those who acted in accordance with state law. Previously, those individuals faced the possibility of federal prosecutions even if their actions were in compliance with state law.

The Department of Justice announced today that it will no longer seek to prosecute those who act in accordance with state law by using or distributing marijuana for medical purposes.  The directive only affects those in the 14 states which currently have medical marijuana laws: Alaska, California, Colorado, Hawaii, Maine, Maryland, Michigan, Montana, Nevada, New Mexico, Oregon, Rhode Island, Vermont and Washington.

As a result of today’s announcement, several ongoing prosecutions and pending sentencings have been postponed.

The Obama Administration made clear that the policy shift should not be seen as the legalization of marijuana.  Rather, it will allow the “efficient and rational use” of government resources by not prosecuting those who were in “clear and unambiguous compliance” of state law.  The memo which was sent to the affected U.S. Attorneys can be viewed in its entirety here.