The debate on the legalization of marijuana and its medical uses has been a raging topic for quite some time in the U.S. As of now, 23 states in the U.S. have legalized the application of marijuana for medicinal use. Many studies that have been carried out have shown that marijuana can be used in certain circumstances to treat different physical and mental medical conditions but the effect of this medicinal use and its contribution to a cure could very much depend on the specific medical condition.
Broadly speaking, for medical conditions like nausea and vomiting that AIDS patients and cancer patients experience, for nerve pain, multiple sclerosis and general chronic pain, treatment incorporating marijuana has shown substantial promise. With regard to serious illnesses like epilepsy, Crohn’s disease, cancer and Parkinson’s disease, research undertaken has shown that treatment involving medicinal marijuana could be significantly effective. However, the positive contribution of medicinal marijuana is limited for the effective treatment of medical conditions like Alzheimer’s disease, Anxiety disorders, Post-Traumatic Stress Disorders, Weight Loss, Lupus and Glaucoma, based on the research undertaken as of now.
In this context, considering the considerable scope available for medical marijuana and its already widespread use, legislators have taken the position that doctors need to understand the risks involved and how this substance can be used to treat different medical conditions and the different types of patients such illnesses entail. This position has led legislators to pass an amendment to increase the amount of research done on medical marijuana so that the existing research base can be built. They called for the National Institutes of Health (NIH), which is a biomedical research facility belonging to the U.S. government, comprising of 27 separate research centers, to spearhead this new initiative into research on the medical uses of marijuana. This major step involves a joint call by legislators who oppose and support the legalization of marijuana, for the NIH and the DEA to collaborate on conducting studies on marijuana’s medical efficacy.
With regard to the legality of marijuana use in the U.S., 23 states in the U.S. have legalized the medicinal use of marijuana; while California was the first state in the U.S. to make medical marijuana legal. This was done, pursuant to Proposition 215 in 1996 and the Senate Bill 420. However, in order to have access to medical marijuana in California, an official medical recommendation is required from a medical doctor.
In the context of the legalization of medical marihuana in many states, there has been an increased interest in opening up marijuana dispensaries. The process to be followed for this purpose is a bit long drawn out due to the entailing legal complications. First it is important to understand whether it is legal to operate a medical marijuana dispensary in the area in which you intend to operate. This determination is important as laws could vary with the county and the city that you are in. Further, it is important to take into consideration the local zoning laws as you would have to establish it in a commercial zone and also in compliance with additional restrictions on this type of business as you would not be allowed to operate near child care centers, pre-schools, residential areas, parks or libraries. When opening a marijuana dispensary, background checks are required on the operators and owners per state laws. Some states require the operator of the dispensary to grow the marijuana on site and this would mean that you might have to hire an expert or get training on growing marijuana.
Considering the fact that marijuana dispensaries are still illegal in the federal context, you would run a higher risk of being audited by the IRS and this means that you should hire an experienced CPA. These risks coupled with the complicated legal status that it is highly advisable to maintain detailed records of all aspects of your business. All-in-all, it needs to be kept in mind that health insurance does not cover medical marijuana and this means that the patients would have to pay for the purchases personally, thus creating a situation where you would have to price your produce competitively.