Pros And Cons Of Legalizing Marijuana

Gonzales v. Raich was a landmark case which determined the extent that Congress could regulate marijuana usage in California. More precisely, the case involves deliberation between the constitutionality of the Compassionate Use Act, voted on by the state of California in 1996, and the Controlled Substances Act (CSA), passed by Congress in 1970. Does the CSA, a policy which permits the regulation of certain drugs and chemicals by the Drug Enforcement Agency (DEA), exceed the regulations set under the Commerce Clause of the Constitution? Does the Compassionate Use Act, which allows for the use of medical marijuana in California, protect citizen’s rights to use and distribute marijuana for medicinal purposes? The decision made by the Supreme Court would spark debate over these questions as well as similar topics such as federal abuse of power, doctor patient confidentiality, and the decriminalization of marijuana across America. In my paper, I will cover the events and influences leading up to the Supreme Court’s official decision, the significance of the outcome, and the questions and issues brought up in the aftermath of Gonzales v. Raich.

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.

Right after the U.S. Department of Justice announced in March 2009 that it would no longer prosecute marijuana patients and providers whose actions are consistent with state medical marijuana laws (Meyer & Glover, 2009, para. 1), political windows suddenly opened for California marijuana reform advocates to push for legalizing the recreational use of marijuana. As a result, California Proposition 19, the Regulate, Control & Tax Cannabis Act, became a ballot initiative on November 2, 2010 statewide ballot. Supporters argued that legalizing creational use of marijuana would help California to regulate the use and sale of marijuana, reduce correctional costs, redirect its court and law enforcement resources to other more serious crimes, and collect additional exercise taxes and sales taxes that would help with California’s budget shortfall. In spite of being a

The current attorney general, Jeff Sessions, is a staunch opposer of marijuana, which might lead to a possible confrontation between the federal and state government levels (Chilkoti, 2017). Moreover, comments from Sean Spicer, the former press secretary to the Trump administration paint the picture of a hard lining federal power: “he expects states to be subject to “greater enforcement” of federal laws against marijuana use” (Wagner & Zapotosky, 2017). It can be determined that the opposition between federal and state governments’ views on the drug will lead to clashes in the future.

Jeff Sessions, the United States Attorney General, has recently resumed his push to sustain marijuana as an illegal substance. The NBC editorial, “Jeff Sessions is on the wrong side of marijuana legalization,” analyzes the effects of legalizing the substance. Marijuana, which is illegal at the federal level, has be allowed recreationally by six different states, including Oregon. Although marijuana is acknowledged as a harmful substance, many Americans resolve that legalizing the substance would only help America on its war against drugs.

It has taken years to bring medicinal marijuana back into the spotlight. Thanks to the still brainwashed “pot-haters”, these medical breakthroughs are being suppressed, and most importantly, kept unavailable to patients in need. States are slowly making their own laws in which they can decide whether or not medicinal marijuana should be used. Now it’s only a matter of time until the federal government agrees with proven

The legalization of marijuana is an issue that has divided many Americans. While some Americans call for its legalization, others are set on keeping the drug illegal. Recently, however, there have been changes in public attitudes about marijuana and its legalization. This has led individual states to enact marijuana laws that create tensions with federal law. This paper will examine the recent events of legalizing marijuana for medical and recreational purposes, and the conflict between federal and state marijuana laws.

Since the passage of the CSA, many campaigns to have marijuana rescheduled under a less restrictive category have failed. However, popular opinion began to sway in the 1990’s and California became the first state to legalize the use of medical marijuana in 1996 with the passage of the Compassionate Use Act (Reinarman et al., 2011). Unfortunately, the federal response was swift and threatened to be severe. General Barry McCaffrey, the drug czar under the Clinton Administration, advised the federal government would “vigorously prosecute persons who supplied medical marijuana, revoke the prescription writing authority of physicians who recommended marijuana to patients, and deny various federal benefits (including licenses) to anyone who used marijuana pursuant to California law” (Mikos, 2011, p. 637-638). The Bush Administration picked up the torch and continued the war on medical marijuana by carrying out almost 200 raids by the DEA on dispensaries in California as well as prosecuting those people associated with medical marijuana. However, advocates of medical marijuana remained vigilant and kept spreading their message and gaining support. To date as listed on ProCon.org (2013) 18 states and the District of Columbia have passed laws legalizing the use of medical marijuana.

According to Council Bill 20-409 the targeted population of those affected by this bill “a person 18 years of age or older who possesses marijuana weighing less than one ounce shall not be guilty of a criminal offense. Such possession shall be a civil violation, subjecting the person to a civil fine of $100 and forfeiture of the marijuana” (Simple Possession of Small Quantities Of Marijuana Decriminalization Amendment Act, 2013). The bill also targets individual under the age of 18 years of age. “A person under the age of 18 who possesses marijuana weighing less than one ounce shall not be guilty of a criminal offense. Such possession shall subject the person to the same civil penalties in (3)(A) and the person under the age of 18 shall be

.). With proof that US citizens continue using prescription narcotics at an alarming rate, the Drug Enforcement Agency (D.E.A) does not classify any of those substances as a Schedule I substance. However, the D.E.A. classifies marijuana as a schedule I substance; making it extremely difficult for it to be researched for its medicinal value. There is a need for the D.E.A. to reclassify marijuana; it should not be classified as a schedule I substance because marijuana has several medical uses.

The Compassionate use of Medical Cannabis Pilot Program Act (Act 410 ILCS 130) was signed by the Illinois governor Pat Quinn on August 1, 2013. Scientists discovered that by using Marijuana, patients could get relief from debilitating medical conditions. Marijuana is a scheduled I narcotic. Narcotics are drugs which have psychoactive chemical properties. The main question asked by people is that, can prolonged usage of marijuana lead to addiction? According to the act, this drug is given to the patients who are suffering from Neuropathic Pain, Multiple Sclerosis, Nausea, Epilepsy, Alzheimer, different types of Cancer, and HIV etc. Sadly, these patients are suffering from intolerable pain,

According to the English Oxford Living Dictionaries (2017), marijuana is “Cannabis, especially as smocked or consumed as a psychoactive (mind-altering) drug.” Although marijuana is illegal by the federal law, 29 states have legalized the use of medical marijuana, and in 8 states anyone over the age of 21 can buy marijuana (Nathan, D. L., Clark, H. W., & Elders, J, 2017, p. 1746). Many Americans tend to experiment with drugs when put in a certain social event, but rarely abuse drugs or become a drug dependent. However, the few Americans that are drug dependents become hurtful to the community and oneself. The legalization of marijuana has been an ongoing argument for years, and will continue to be a popular topic for years to come. The

From mandatory crop to illegal drug, cannabis has gone from revered to criminal in the course of United States history. Its fall from grace has been an education in mass hysteria, propaganda, market manipulation and greed. Fortunately, for those suffering debilitating medical conditions and those that wish to enjoy its euphoric effects alike, it appears that the pendulum is swinging in the opposite direction. The close of the 2015 legislative session revealed a potential shift in the way the Texas legislature views the sale and use of Marijuana. While not a complete victory, two bills legalizing the use of marijuana actually made it out of committee (Savage). That is not to say that if the legislative session had

The part of legalization that everyone has a problem with, the cons. And while I myself agree more with legalizing, I will not disagree with the cons of marijuana. The main problem is that marijuana can be addictive. In a research study in California, 1 in every 10 pot users admitted to developing a dependence for the substance overtime. Another danger of the plant, is that second hand smoke can occur, and someone who is not a smoker can end up with the drug in their system from being around a smoker. Even though marijuana helps with certain diseases, it is known to decrease mental health. When you smoke weed, it restrains your blood flow and affects the brain. As well as mental health, physical health is also, in danger.

Cannabis is becoming increasingly widespread and increasingly common in modern-day society for both recreational use and for medication. The article by Craig Reinarman, ‘Criminalisation, legalisation and the mixed blessing of medicalisation in the USA’ generates many controversial issues of cannabis.