Medical Marijuana Case Study

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.

Since 1937, when the Marijuana Tax Act was passed, federal law has prohibited the medical and recreational use of Marijuana. This act banned its production and use in all states. In 2012, however, Colorado and Washington legalized recreational use of marijuana, becoming the first states to do so. This was a very controversial decision on the states’ part, and it created a debate between the two levels of government. The main cause was the issues of federalism and supremacy. While under the supremacy clause the federal government's law takes precedence to the state law, there is also a debate on which level of government, federal or state, should handle the issue of marijuana legalization. The complexity of federalism is shown very well here

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

After reading Chapter 16 I came to the conclusion that In Raich v. Ashcroft, the Ninth Circuit Court of Appeals agreed that the medical use of marijuana does not have any direct or obvious effect on interstate commerce; however, the U.S. Supreme Court beg to differ, the Supreme Court felt like that medical marijuana would have an effect on the interstate market for marijuana, so in 2005 the U.S. Supreme Court reversed the Ninth Circuit Court (which wasn’t right but they had the power to do so). In addition, the federal government had the power to prohibit the use of medical marijuana. The federal law enforcement is targeting individuals who seem clearly to be using marijuana for purposes other than medical treatment.

“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.

There have been many issues with the state laws regulating Marijuana in the US. I knew this would be a good topic to choose for this unit, and in this by article by John Hudak the case of Coats VS Dish Network is discussed; the case is a perfect example of how federalism can go wrong. The problem here was the misinterpretation caused by allowing states to regulate a classified “controlled substance,” while the subject matter has a different interpretation at the Federal level. Coats was terminated for using medical Marijuana outside of his work place to treat his medical condition. He argued his case by pointing out that the State of Colorado legally allowed him to be purchase medical marijuana legally for medicating.

The legalization of marijuana for recreational usage could may be a new trend in America but the Federal government will likely oppose usage through the end of time. The Drug Enforcement Administration's (DEA) stance is that marijuana is an illegal drug and that using this drug whether for medicinal or recreational purposes is illegal. I chose this topic to research because of awareness bright to light prior to the recent elections. Until researching this topic, I was unaware that marijuana usage is legal in some states and that other states were pushing legislation to get

One of the major problems with federal and state drug laws is jurisdiction issues. State laws are only enforced in the state where the individual committed the crime whereas federal laws can be enforced anywhere in any state.  Furthermore, when there is a state law that corresponds with a federal law, the federal law can only be enforced if the crime was committed on a federal property.  Occasionally, federal laws may come into conflict with laws at the state level. For instance, under the laws of California, “medical” marijuana can be grown legally and dispensed for medicinal purposes to persons who have a prescription for it.  However, there is no differentiation involved at the federal level and the growth or possession of marijuana is prohibited

Federal government has the power to control all the state local activities including the purely local that can have substantial effect on the interstate commerce. In the case of growing marijuana plant at home for personal consumption being for medical use, the federal government banning that marijuana sounds not right at first glance. The marijuana plants are grown within a state and the grower cultivates the plant for personal use and the situation sounds like no interstate commercial activities are involved or affected.

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,

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Media outlets throughout the state are covering various efforts to convince Ohioans to vote for an Amendment to the Ohio Constitution to legalize marijuana in Ohio. The best publicized and financed of these efforts is by the cleverly named “ResponsibleOhio.” ResponsibleOhio has been touting a 13-page proposed Amendment to the Ohio Constitution that would legalize possession, use and sale of medical and recreational marijuana in Ohio. ResponsibleOhio almost certainly will have sufficient signatures of registered voters to place its proposed Amendment on the November 3, 2015 ballot.

In the United States of America, At least 23 states have access to medical marijuana in the course of treatment of chronic ailments and more states are debating on the issues of medical marijuana(ProCon.org). States of Washington and Colorado will go down in history as the first states to legalize recreational Marijuana in 2012 (Pardo).Both this state’s pushed their way through the unexplored legal territory because cannabis remains a banned substance by the federal government. As more states follow suit despite the unchanging federal laws, the countries which have ratified this law will have to deal with the unintended consequences of the legislation without the aid of the federal