Presenter: Vincent Sliwoski, JB

Original Date: September 23, 2018

This presentation covers the highly dynamic status of state and federal law as it relates to cannabis and naturopathic doctors.

“Marijuana” is a federally controlled substance, listed on Schedule I of the federal Controlled Substances Act (“CSA”). As of April, 2017, marijuana has been descheduled entirely from the Oregon State Controlled Substances Act (cf. SB 302 and 303). Still, given the status of federal law and Supreme Court jurisprudence on the topic, federal law enforcement authorities retain the right to enforce the federal CSA even in states where cannabis is legal, such as Oregon.

The federal Drug Enforcement Agency (DEA) issues licenses to physicians to prescribe controlled substances. These licenses do not include the authorization to prescribe Schedule I drugs. Still, courts have held that doctors are protected by the First Amendment free speech rights, which includes the right to discuss (but not prescribe) particular health care options with patients, including cannabis.

1.0 General CEUs approved by OBNM