Medical Marijuana: The Next Big Thing in Mediation?
With the recent push toward medical marijuana across the country—and twenty states plus the District of Columbia enacting legislation making it legal—medical marijuana mediationmight just become the newest uncharted territory for mediators. However, the laws relating to medical marijuana and the scope of its use are in a state of transition, as federal law still labels marijuana as a Schedule I substance, even if it is used for medical purposes.
According to spokespersons from the Justice Department, the federal government does not have any intention to challenge these states’ medical marijuana laws. It does, however, remain clear on the fact that there are enforcement priorities, especially for people who are caught selling prescribed medical marijuana to minors or allowing children to have access to the drug.
In the meantime, the debate continues concerning the effectiveness of medical marijuana, as well as the pros and cons of its use as a prescribed medicine for a range of illnesses and symptoms. Research shows that cannabis is highly effective in reducing nausea and vomiting for patients undergoing chemotherapy and those who have been diagnosed with AIDS. It has also shown efficacy in treating pain and muscle spasms as well as PTSD and anxiety, and has been recently touted by some researchers as a highly effective treatment with low side effects for the control of childhood seizures and epilepsy.
So how do mediators approach this uncharted and particularly volatile territory in the upcoming months, especially as pot legislation continues in its current dynamic state? One good approach is to ensure that certain procedures are followed at the onset of the medical marijuana mediation process, particularly related to maintaining a safe space for everyone involved in the meeting. These procedures could include:
• Outlining clear expectations regarding the purpose and general rules of the meeting
• Following a timed agenda, of which each participant has a copy
• Ensuring an atmosphere of absolute respect for all parties in attendance
• Maintaining control over the procedures, regardless of the settlement reached or the outcome of the session
Following these simple guidelines and staying up to date on medical marijuana legislation on both state and federal levels should be your top priorities as a mediator as you swim through these murky waters with your clients. The field will likely see a rise in medical marijuana-related cases and should be prepared to handle them with finesse and expertise.