The Role Of Legalizing Marijuana In The United States

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.

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

Marijuana in the United States has been a big issue for decades dating back to when it was first made illegal in 1937. Using scare tactics, propaganda, and false facts, the government decided to classify the plant as a schedule one drug along with substances such as ecstasy, LSD, and heroin. Marijuana has since become a more common and socially acceptable (Not by the government) drug in recent years. This past year Colorado, Washington, and Oregon had decided to vote on the issue of legalizing marijuana for recreational use. Focusing on Colorado, Amendment 64 passed on November 6th, 2012 which would legalize the possession of up to an ounce of the plant.

“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.

With the passage of Amendment 64 to the state constitution, Colorado became the first state ever to legalize the sale, possession, and use of marijuana. On November 6, 2012, voters passed the amendment with a 9% margin. Interestingly, “Amendment 64 received 53,281 more votes in the state than Barack Obama did during the last presidential election” (Charlton). However, actual sales of marijuana for recreational purposes were delayed until the start of 2014. Amid of flurry of media scandals and protests from anti-marijuana activist groups across the country, Colorado opened its doors to the pot industry with the entire nation watching.

With all of the complex issues facing the nation today, it seems as if the legalization of marijuana is being set on the back burner of legislation. There are so many opinions, sides, and overall arguments for and against it that many vote seeking politicians and policy makers have put up a strong resistance to this issue. In this paper I will illustrate the reasons why I think marijuana should indeed be legalized and also the arguments from people who disagree and feel that it should stay an illegal drug.

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.

According to article IV of the U.S. Constitution, the Supremacy Clause makes federal law become the supreme law of the land and forces states to follow the U.S. If there is a conflict between federal and state law, the federal law must be applied. However, in my opinion, there are a lot of bigger things that federal should be considered than more marijuana. Why I say that because I do not think marijuana can damage a lot for the nation. The big things federal should be deal are vehicles, unpredicted accident, crime, killers and natural disasters. So, let states could be able to regulate the legalization of marijuana by restriction of federal law. Nowadays, we know pot that helps a lot of chronic pain and be useful to many experts, the injured.

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

Ever since Colorado first decriminalized cannabis for recreational use in 2012, the federal government has failed to intervene in the state’s marijuana policy. Now the states of Nebraska, Kansas, and Oklahoma have decided to take action into their owns and start a class action lawsuit against the state of Colorado. The states have decided to sue Colorado because marijuana that is legal in Colorado is being brought across state borders where marijuana is not legal causing the states to increase the policing of marijuana within their states. This paper will delve into the pros and cons of the lawsuit and explain why the state of Nebraska, as well as the other states, should just decriminalize marijuana in their

Over the past 30 years, there have been many controversial debates in regards to the marijuana craze. The façade that users want and need differs from what the criminal justice system views it as. Several states within the United States of America have proposed bills, which seek to decriminalize marijuana. In 1973, 12 states including Colorado, California, and Oregon, have worked on altering and succeeded in reducing the crime of possession laws. Possession of a small amount of marijuana can mean up to six or more months served in jail as well as fines of a thousand dollars or more depending on past criminal records. Arresting people with possession of marijuana is very time consuming for police and law enforcement, and can deter them from

Political – External – marijuana’s political and economic landscape is a major unknown. Five states Colorado, Oregon, Washington, Alaska and Washington D.C. allow marijuana to be used for recreation yet the drug remains illegal on the federal level. Twenty-three states and the District of Columbia have laws allowing marijuana to be used medicinally (Fool, M.

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,

In 1996, voters in California and Arizona went to the polls and in sweeping victories, told Washington that federal drug policies - at least as they applied to sick people – were wrong. Voting on proposition 215, Californian’s “approved the medical use of Marijuana by a 65 to 35 margin. ” In Arizona a solid majority (65%) voted to give the doctors the right to prescribe a range of drugs, including marijuana, heroin, and LSD. However, federal law prevents states from making marijuana supplies legally available. In effect thousands of “Americans use marijuana as a medicine illegally, putting themselves at risk of arrest and prosecution. ” Unfortunately other who might benefit from marijuana are deterred by its illegality.

The legalization of drugs has always been a big debate in the United States. For hundreds of years, our citizens have argued over what they think would be best for our nation. From The War on Drugs to the legalization of Marijuana in Colorado, the United States has transformed. Many believe that this was the worst decision Congress could ever make and others think that this changes life for the better. Although this had always been a great debate, there is nothing much that people could argue over now that Marijuana is legalized in more than one state.