Question #5: Is Cannabis legal?


Ahhh, this is not an easy question to answer and I need to CMA…

  • First, this post addresses only the United States. I apologize to my international readers but the US situation is complicated enough.
  • Second, do not take my word for anything… please do your own research to confirm anything I present.
  • Third, I am in no way advocating for you to break the law even if I don’t agree with them or feel the end might justify the means.

If you’ve been following this series (Cannabis and Cancer), you’ve seen that I believe that Cannabis:

It is important to note that only one cannabinoid, THC (the only psychoactive one), is prohibited by law. Any Cannabis product containing less than .3% THC is classified as hemp, has healing benefits (see Question #3: What is the difference between different kinds of Cannabis?) and can be legally shipped and sold in all 50 states.

Federal law

The Controlled Substances Act of 1970 listed Cannabis as a Schedule 1 drug, finding that:

  1. The drug or other substance has a high potential for abuse.
  2. The drug or other substance has no currently accepted medical use in treatment in the US.
  3. There is a lack of accepted safety for use of the drug under medical supervision.

I disagree heartily with all three of those findings but will let the facts that I am presenting in this series make the argument for me. Under the Obama administration, this federal prohibition has not been enforced and the right of states to legislate the recreational and medical use of Cannabis has been recognized as long as it was regulated. This served to decriminalize Cannabis within those contexts. (see 2013 Memorandum)

It remains to be seen what will happen under the incoming administration. The impending appointment of Jeff Sessions as Attorney General does not bode well as he has historically voiced his disapproval of Cannabis. However, it is widely thought (hoped?) that he won’t go down the road of repealing the Obama administration’s policy because there are now too many states in which Cannabis is legal. (see Donald Trump’s attorney general could terminate the rule that protects state-legalized marijuana). Time will tell. I urge you to support increased access to this safe, effective, accessible, non-toxic affordable medicine.


Individual state law

The elections in 2016 yielded great gains for the legalization of Cannabis. Knowing that each of you are going to want to understand the restrictions and allowed use within your own state, I am just going to provide you with links to excellent, comprehensive resources that is frequently updated when events unfold (rather than me distilling and paraphrasing and risking being too detailed or not detailed enough or out-of-date).

National Organization for the Reform of Marijuana Laws (NORML): State Laws

29 Legal Medical Marijuana States and DC

Medical cannabis in the United States


That said, here is a list for you to quickly peruse (updated January, 2018)…

Recreational Use – There are now 8 states and DC where recreational use is legal, in addition to its medical use:

–     Alaska

–     California

–     Colorado

–     Maine

–     Massachusetts

–     Nevada

–     Oregon

–     Washington

–     Washington D.C.

Medical Marijuana – There are now 29 states, 2 territories and DC where the medicinal use of marijuana is legal:

–     Alaska

–     Arizona

–     Arkansas

–     California

–     Colorado

–     Connecticut

–     Delaware

–     Florida

–     Guam

–     Hawaii

–     Illinois

–     Maine

–     Maryland

–     Massachusetts

–     Michigan

–     Minnesota

–     Montana

–     Nevada

–     New Hampshire

–     New Jersey

–     New Mexico

–     New York

–     North Dakota

–     Ohio

–     Oregon

–     Pennsylvania

–     Puerto Rico

–     Rhode Island

–     Vermont

–     Washington

–     Washington D.C.

–     West Virginia


back to Cannabis & Cancer to view all ten questions…

My relationship to Cannabis and Cancer…

In 2012, I lost the use of my legs and one arm and, with tumors crushing my vertebrae and pelvis and present in my liver, lungs, and lymph system, I was not expected to walk again and given just weeks to live. Her2+ breast cancer had metastasized profusely. I employed western medicine and an intensive naturopathic regimen and I got through that, thinking perhaps they were wrong and that I would live a long life. Then, a year later, they found 9 leptomeningeal brain tumors and again gave me just weeks to live. Western medicine didn’t have much to offer… I refused WBR, whole brain radiation, and the chemotherapy that crossed the blood-brain-barrier was highly toxic and shut my organs down. I read that Cannabis crosses the BBB and kills cancer so I took large amounts of CBD oil and a couple of other naturopathic things (see My Brain Metastases) and three weeks later, four of the nine tumors were gone without a trace. I now take a more balanced ratio of THC and CBD at night in a tincture for maintenance. I have been NED (no evidence of disease) since May 2014.

I am so very intrigued by the knowledge I have gained about the healing powers of Cannabis but so very frustrated by the lack of real data because of it’s legal status. I field so many questions that I can’t completely and truthfully answer, so I decided to present what I have been able to learn in the context of those questions. I do not profess to be “right” as the absolute truth of so much of this is truly not known yet. I have tried to gather valid scientific sources, compelling anecdotal success stories, and a list of resources for you to learn more.


Disclaimer: Nothing contained on this website should be construed as medical advice. I am not a doctor. I am a Stage IV breast cancer thriver who is currently NED/NAD and simply sharing what I did, and do, and why. Please research anything I share to determine if it is a good path for you. Bless you all on the path you choose.

All original content contained on this web site, What I did and do and why, is copyrighted, 2015,2016 Kaiulani Facciani.






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