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The FDA does not approve marijuana's psychoactive substance, THC, for any medicinal use, and possession of THC is a federal crime, except for prescription synthetic THC. However, 36 states legalized medical marijuana that includes THC. This legal dissonance looks startling to me. Given that, I wonder if medical marijuana is the only medicine in the US that is legalized in various states and nonetheless a Schedule 1 federal crime. And I clarify that this refers only to medicine and not Schedule 1 substances that are eligible for religious exception.

James Goetz
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Basically yes.

Any controlled substance under federal law that is not a "Schedule I" controlled substance can be prescribed by a medical professional consistent with state law, so the scope of the conflict is modest.

Some examples of substances listed in Schedule I are: heroin, lysergic acid diethylamide (LSD), marijuana (cannabis), peyote, methaqualone, and 3,4-methylenedioxymethamphetamine ("Ecstasy").

(But, keep in mind that heroin is basically almost indistinguishable from some Schedule II narcotics which can be prescribed, and that there is a narrow religious exemption for peyote.)

The other Schedule I drugs are not commonly legalized under state law, although there are a few cases (Oregon, e.g.) where state law has decriminalized use of certain Schedule I drugs (most often peyote) without truly legalizing them in a state endorsed regulatory regime as has been done with marijuana.

Sometimes imitation drugs that are chemical analogs of Schedule I drugs are criminalized on a case by case basis in an administrative process conducted in parallel at the federal and state level, with the state process in some states lagging the federal process. But that isn't really analogous to the situation with marijuana.

Also, keep in mind that the state action contrary to federal prohibition involves at least tacit consent from U.S. attorneys and from legislation from Congress limiting expenditures of federal funds for enforcement of state legal marijuana transactions in most casees.

ohwilleke
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