Marijuana And Federalism

First, from 1900 to 1940, marijuana, including opium and cocaine were considered part of everyday drugs. As time went on, the U.S. cracked down on crack and opium, eventually outlawing them, but continued to be very “loose” with the use of marijuana. Hoxter a weed smuggler explains how he began in the 1960’s trying weed and years later saw himself unloading four hundred pounds of pot in Vancouver. The story of this man ends in his isolation and argument of why he couldn’t smoke weed even if he stopped selling? He asked a parole officer and she didn’t know what to respond. It is true what Hoxter states, fifty years ago alcohol was illegal and now it’s not, was it bad then? Will weed be legalized? And will the conflicts have been in vain? (Schou 8). Around the late 90’s and early 2000’s, scientific studies started to produce jaw-dropping results. Scientists started to discover that marijuana can significantly help people who have become ill. Medical Marijuana has been tested to help people with cataracts, cancer and severe depression (Zeese 1999). With this new worldwide discovery, the argument about medical marijuana ignited. States wanted to only make medical marijuana legal so it may help sick people, but the government did not want any form of marijuana legal. The law that was known throughout the United States was any form of marijuana was illegal. But now with this new discovery, doctors in states across the country want the

Another limitation set forth in the Constitution is that of anti-commandeering. Even though federal governments can enact law they cannot use the states as instruments of federal governance. Often overlooked, this argument used in appropriate cases to limit the Supremacy Clause, is found in the Constitution’s Tenth Amendment, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. “The anti-commandeering principle applied to the issue of medical marijuana raises the question of protecting states’ prerogative to legalize activity that Congress bans. In a case where Congress legalizes an activity that the states have banned the issue of conflict need not arise because the individual’s choice remains whether to engage in said activity or not. In the instance of Congress banning an activity legalized by the states, conflict emerges with unclear boundaries.

Recreational marijuana legalization in Colorado, Washington, Oregon, and Alaska have, technically, broken federal law. As long as the federal government does not do anything about the state’s blatant disregard for higher law they can do what they want. I think that because state and federal law contradict at the moment there should be clarification. States should only be able to pass a law such as this if it is also legal on a federal level, but if there are no repercussions for violating federal law where does it end? Recreational marijuana is a state issue, in my opinion. If it is to be legalized in America at a federal level then each state should be allowed to choose their side. At this point, federal government is showing its cracks. 4 of our states are currently not obeying the Constitution; federal law trumps state law. Our government needs to pull itself together and start paying attention to what the states are doing.

Cannabis began being outlawed all across the U.S. during the 1900’s and has remained illegal ever since, until recent years when states began legalizing it (huffpost.com). Although many people believe that the reason behind the prohibition of cannabis was based on genuine concern for the possible consequences it may have on the well-being of people if it remained accessible to all, the truth is that the drive behind the U.S.’s prohibition of cannabis was founded on racism. During the early 1900’s cannabis was considered an “ethnic drug” due to the fact that many Mexican immigrants smoked the plant (huffpost.com). With the tension in Western states regarding the migration of Mexicans into the states, laws concerning the use regulation of

The legalization of marijuana has been a hot topic in the media for many years now. There is a major divide in those who believe it should be legal, those who do not, and those who think it could be legal with modifications on the usage. The number of those who support the legalization of marijuana is on the rise with nearly 50% supporting recreational marijuana legalization, and 81% supporting marijuana legalization for medical treatment as of 2015 ("Public Support for Marijuana Legalization, 2015”). Marijuana should be legalized on a federal level because it is safer than alcohol, it will increase the economy, and there is an unfair criminalization of marijuana.

The topic of legalizing recreational marijuana in the United States has been a very controversial one. States such as Colorado and Washington have gone on the offensive and have legalized recreational marijuana and have enjoyed the high revenues brought in from cannabis sale. On the other hand other states have kept low profiles because they are wary of the possible negative outcomes of legalizing recreational marijuana and are using the states of Colorado and Washington as guinea pigs to see what their next course of action on this controversial topic should be. This is not only a highly debated topic among politicians, but also by the people. According to a poll conducted by the Pew Research Center 52% of Americans

The topic of marijuana has been a big topic for the past few years. The United States considers marijuana as a drug, in some other countries they say it is a natural herb that is grown from the ground. The issue at hand is “should marijuana be legalized?” the congress of the US stay in a constant debate on this subject. Why is the subject of marijuana such in high demand, if the US already considers it a drug? There are many facts that need to be looked at before a final decision can ever be made. In contrast since the past two weeks the state of Colorado became the second state in the US to legalize marijuana. Obviously it is possible for marijuana to be accepted into society, obviously there are as much pros as

On November 6th of his year the nation held an election that decided the presidency of the United States, but couched inside of that national election were several state initiatives concerning national issues. One of these initiatives was Colorado's Amendment 64 to the state constitution which authorized the regulation of marijuana by state authorities. Colorado was not the first state to pass such laws, and not the only state to do so in the recent election, and with more states doing so, there must be some type of agreement with the federal government. Marijuana is illegal under federal law, and the Supremacy Clause of the Constitution of the United States clearly provides a solution to a conflict over states versus federal laws: federal laws are supreme. Therefore, despite all the individual states that pass laws regulating the possession, use, and production of marijuana, the federal ban still trumps them all. That is why Colorado's Attorney General recently had a conversation with Eric Holder, Attorney General of the United States, to see if there could be some type of resolution to this problem.

Ever since marijuana’s introduction to the United States of America in 1611, controversy of the use and legalization of the claimed-to-be Schedule I drug spread around the nation. While few selective states currently allow marijuana’s production and distribution, the remaining states still skepticize the harmlessness and usefulness of this particular drug; therefore, it remains illegal in the majority of the nation. The government officials and citizens of the opposing states believe the drug creates a threat to citizens due to its “overly-harmful” effects mentally and physically and offers no alternate purposes but creating troublesome addicts hazardous to society; however, they are rather misinformed about marijuana’s abilities. While

“The powers delegated by the proposed Constitution to the federal government, are few and defined. Those which are to remain in the State governments are numerous and indefinite.” A common misconception among average Americans is that the federal government holds all governing power. Much of the laws and regulations that apply to a citizen are actually controlled by state governments, due to the fact that they are closer to the people and have better control of them, A significant issue in today's society is the usage, growing, selling, and buying of marijuana. The federal government has taken many measures in limiting and preventing the usage of marijuana, however, its jurisdiction over such a matter is highly restrained by one of Congress’s enumerated powers.

As a result of the legalization of medical marijuana in certain states, the Obama Administration favored the states in which if an individual follows the state laws, the individual will not be prosecuted. This violated the Supremacy clause that puts the federal government as the supreme and dominates over the state laws since the use of medical marijuana was legalized in 18 states and the District of Columbia even though the federal law states that marijuana is an illegal drug.

Why should marijuana be legalized? Marijuana can be argued for different reasons. In my case I will be arguing the medical purposes for legalizing marijuana. Marijuana has positive features, and how people prefer using marijuana. Marijuana helps individuals get through a variety of things that they suffer. Marijuana provides relief from pain, rather than other medications out there. Many individuals prefer marijuana over anything else to relax. An argument on why people using marijuana spend more time in jail than actual criminals. So you can say the greatest risk of using marijuana is the risk of arrest. Marijuana should be legalized at the federal law for medical purposes.

The legalization of marijuana has been a debate in the public eye within the United States for quite some time now; however, as time progresses many states continue to pass legislation. As of, March 2017, 26 states and the District of Columbia have laws legalizing marijuana use in some fashion and 24 remaining states with pending legislation. Although states are in debate for legalization it remains that federal law still prohibits any form of usage, selling, or buying. Federal law supersedes state law on this issue as it is written, “Legalizing Marijuana: Why Citizens Should Just Say No” from the Legal Memorandum Published by the Heritage Foundation,

Marijuana, also known as Cannabis is the third most well-liked recreational drug, which only falls behind alcohol and tobacco, in the United States (The Whitehouse, n.d.). Marijuana is made up of dried leaves, plants, stalks, and pits from the hemp plant Cannabis Sativa, which comprises of the mind-altering compound delta-9-tetrahydrocannabinol (THC), in addition to other associated compounds. This plant substance can correspondingly be converged in a resin called hashish or an adhesive black fluid called hash oil. Efforts to legalize marijuana for medication treatment and recreational use in the United States have grown in current years. The Food and Drug Administration (FDA) states that marijuana may perhaps

Marijuana is a drug that is also referred to as pot, weed, or dope. It is made up of dried flowers and leaves from the plant cannabis sativa. Marijuana is the most abused drug in America and is very popular among teens. Recreational marijuana is legal in Washington, Oregon, Colorado, California, Nevada, Massachusetts, Maine, and Alaska. Medical marijuana is legal in all of these states plus 20 more states (Governing Data 1). Despite this fact, the federal government outlaws the use of marijuana. However, they don’t interfere with the state laws unless they violate certain rules like selling to minors. Many people believe that the medical and recreational use should be legal in all 50 states, however, the belief