The Uniform Crime Report published annually by the Federal Bureau of Investigation reported that 734,000 people were arrested in the United States for marijuana-related offenses in 2000, the most recent year for which data is available. 646,042 of these arrests were for possession only, while 88,456 involved "sale/manufacture," a category that includes cultivation. Since 1990, nearly 5.9 million Americans have been arrested on marijuana charges.

In February 2002, The Ottawa Citizen reported that a poll by Price Waterhouse-Coopers for Health Canada placed the use of medicinal marijuana by Canadians age 15 and over at about 4% of the country’s population. Assuming that 4% is an accurate figure for medical marijuana use in the U.S. – many argue that this figure is too low – and applying it to the U.S. population over age fifteen (an estimated 219,088,000 people) reveals that almost nine million Americans use cannabis medicinally. Multiplying this 4% times the 734,000 marijuana arrests in 2000 indicates that roughly 29,000 individuals whose use of cannabis was likely medicinal were arrested that year, equaling about 600 per state. This number is probably much larger in more populous states like New York, Pennsylvania, Texas, and Ohio. Applying this calculation to all marijuana arrests in the last ten years finds that nearly one-quarter of a million people in the United States have been arrested on marijuana-related offenses that are medicinal in origin. The magnitude of these numbers shows the reason for activist outrage over the issue and the public’s interest in addressing it.

As stated earlier, marijuana cultivation, possession, and distribution violates Federal law as well as the laws of all states. Penalties vary considerably. In Oklahoma, simple marijuana possession can result in a year in prison, but in states like Ohio, Nebraska, or Colorado, which have decriminalized marijuana, the penalty for less than 100 grams is a civil citation with a $100 fine. Some states also revoke drivers’ licenses with marijuana arrests, a major problem for patients with mobility problems. Cultivation and distribution are almost always more serious offenses.

In addition, a marijuana arrest can leave a patient with a criminal record, and as a result, trouble finding and keeping employment often follow. Under the Higher Education Act, also mentioned earlier, conviction for possession of even a small quantity of marijuana disqualifies the patient from receiving federal college loans. Patients with a marijuana convictions can also lose Workers Compensation benefits, federal housing, assistant dogs, visiting nurses, voting rights, and even their own children. The harsh marijuana penalties and sanctions inspired by the "War on Drugs" have had a devastating effect on patients whose only crime is to find relief in a medication that is currently non-approved.