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Running Head: CANNABIS LEGALIZATION

Policy Action Plan: Cannabis Legalization

Teryn Green

NUR 420: Nursing Policy

Delaware Technical and Community College

Prof. Tammy Brown

August 7, 2022
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Abstract

Cannabis legislation varies from federal to state governments and even differs from state

to state. At the federal level cannabis products are categorized as a Schedule 1 drug, strictly

prohibiting its usage (About cannabis policy, 2022). Federal policy classifies cannabis and

products derived from the marijuana plant as having a high abuse risk, no medical usage, and

pose a threat to individual safety (About cannabis policy, 2022). Under states’ laws is where

there come variations to cannabis legalization, decriminalization, and recreational use. Many

states have allowed the usage of cannabis products through separate state policies. These policies

differ and the contrast at the federal level creates many barriers to properly implementing these

products into modern treatment plans for patients across the United States.
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Cannabis Legalization

The vocabulary surrounding cannabis policy in the United States is one major layer

complicating the understanding of how, where, when, and who can utilize these products.

Currently at the federal level cannabis products are prohibited, yet across the nation, we see

states who have claimed to legalize the usage of such products. As of July 2022, there are now

38 states who have reported the legalization of cannabis products for medicinal purposes, each

state establishing its policies and verbiage surrounding this legislation leading to variation from

state to state (Avery, 2022). While some states may permit cannabis use, federal laws prevent

true optimization of these products on the market.

Current Cannabis Legal Status

Within the 38 states allowing medicinal cannabis use, 19 of those states have also

legalized these products for recreational use amongst all consumers 21 years or older. Regardless

of the state laws, actions could still be taken against cannabis users due to the longstanding

federal ban that continues to be in place. These sets of opposing legislation found between states

and the federal government make it hard for healthcare providers to feel secure in treating

patients with cannabis products as they could risk federal punishment in theory (Kiel, 2019). The

current drug classification has also stunted the scientific exploration into the true effectiveness,

dosing, and management of cannabis products as a true medication regimen, as some researchers

fear capital punishment until they are ensured federal restrictions change (Kiel, 2019).

Pending and Opposed Laws

One of the main upcoming proposals that is seeming may set some change in motion is

the Cannabis Administration and Opportunity Act. This Act is currently filed in the Senate and

would end the current federal ban on cannabis while providing the state's acceptance into federal
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banks and allowing for easier and more cost-efficient banking and transaction actions across the

nation for cannabis companies and even medical facilities (Avery, 2022).

State Level Complications

Within Delaware, Governor John Carney had passed a bill decriminalizing cannabis for

personal use or individuals found with quantities under the legal limit for the state, 1 ounce of

marijuana. Individuals could only truly face civil punishment in the form of fines unless

extenuating circumstances were present, or the drug amount was greater than an ounce

(Goldstein, 2022). In May of this year, House Bill No. 371 was vetoed by Governor Carney. Bill

371 would have legalized the use of cannabis products and removed all penalties for individuals

found with marijuana for personal use (i.e. less than or equal to one ounce of cannabis). By

vetoing this bill Gov. Carney is establishing yet another hurdle to the nationwide legalization of

these products.

Steps Toward Change

Some of the first stakeholders to reach out to with hopes to urge for change toward

legalization at the state level would be The NORML Foundation. This group has been

advocating and working closely with lawmakers, specifically Representative Edward Osienski to

push for marijuana legalization (The norml foundation, n.d.). Rep. Osienski was one of the

individuals who spoke on behalf of Bill 371 and expressed a tearful statement regarding his

disbelief in Gov. Carney’s decision (Goldstein, 2022). Therefore, the point of persuasion must be

directed to Gov. Carney to see changes within Delaware’s cannabis policy.

One of the simplest means to reach out to policymakers can be done so by writing to

them or their team directly. The main points of discussion must lie with the people. Maintaining

the illegal status of recreational marijuana within Delaware halts the growth of our medical
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facilities and the care they provide patients. Numerous men and women who could be benefiting

from these resources are not being provided every avenue for their care as physicians work with

their hands tied up in state and federal policy (Kiel, 2019). It is important to note that studies

have proven that cannabis can help individuals, one population being veterans diagnosed with or

quietly suffering from post-traumatic stress disorder (PTSD) (Federal Study Finds Cannabis

Beneficial for PTSD Treatment, 2021). One specific federal study finds that Cannabis is a

beneficial treatment for post-traumatic stress disorder (PTSD) and can be self-managed with

short-term doses without worsening their symptoms (Federal Study Finds Cannabis Beneficial

for PTSD Treatment, 2021). Implementing cannabis products to aid in the management of PTSD

veterans, cancer patients, and even women with fibromyalgia can reduce the need for narcotic

pain medications of high doses that risk dependency and death (The norml foundation, n.d.).

Next to Come

Within the next 90 days, I plan to reach out to the NORML organization to get in direct

contact with the chapter member for Delaware. Although one voice is strong, more can be done

when a part of an organization with more resources to bring about change. This group works to

gain more support and funding to bring more attention to the ways inconsistent cannabis policy

complicates banking, imprisonment, health, and unification within the government. My main

goal is to see legalization at the federal, which I believe will more than likely come as more

states move toward legalizing recreational marijuana use at the state level. Getting Delaware on

that same page as the 19 other states already ahead of the cannabis game would only be another

sign to the federal government that as a nation we can somewhat agree on this topic.
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Conclusion

In conclusion, the separation of federal and state government although beneficial for handling

smaller issues can also work to complicate many other issues as states establish policies that

contradict the federal law. As more states move toward cannabis legalization and permit

recreational usage, we will see the necessary changes occur with the federal ban. It is up to the

people to get involved and urge policymakers by providing how halting legalization not only

slows medical advancements but also patient improvement.

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References

About cannabis policy. (2022). Alcohol Policy Information System; National Institutes of Health.

https://alcoholpolicy.niaaa.nih.gov/about-cannabis-policy

Avery, D. (2022, July 21). Marijuana laws in all 50 states. CNET; CNET.

https://www.cnet.com/news/politics/marijuana-laws-in-every-state/

Federal study finds cannabis beneficial for ptsd treatment. (2021, September 21).

VFW; Veterans of Foreign Wars. https://www.vfw.org/media-and-

events/latest- releases/archives/2021/9/federal-study-finds-cannabis-

beneficial-for-ptsd-treatment

Goldstein, C. (2022, June 8). Delaware: Lawmakers decline to overturn cannabis legalization

veto. NORML. https://norml.org/blog/2022/06/08/delaware-lawmakers-decline-to-

overturn-cannabis-legalization-veto/

Kiel, C. (2019, November 24). Why doctors know almost nothing about the health effects of

marijuana. AAMC; AAMC. https://www.aamc.org/news-insights/why-doctors-know

almost-nothing-about-health-effects-marijuana

The norml foundation. (n.d.). NORML. Retrieved August 8, 2022, from https://norml.org/about-

norml/norml-foundation/

Rodriguez, I. (2021, September 21). About cannabis policy | apis—Alcohol policy information

system. Veterans of Foreign Wars; VFW. https://alcoholpolicy.niaaa.nih.gov/about-c

annabis-policy