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Federalism and the legalization of marijuana essay
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Proposition 64 was recently passed in California making recreational marijuana use legal. California has been among the few states that have taken this step towards accepting marijuana so far. Recreational marijuana use was not commonly accepted and was looked down upon until doctors found medical benefits in marijuana and proved it was not as harmful as the majority thought previously. The battle between whether this drug is harmful or helpful is still relevant today. Over the years, the population’s support for the legalization of marijuana has increased. Although the court case Gonzales v. Raich shows lack of support for the advancement of marijuana on the federal level, other state cases such as California Proposition 215, which allows …show more content…
This act places marijuana as an illegal drug and establishes the harsh punishment that come with it (Marijuana, 2016, para 1). Under this law Raich’s and Monson’s actions were illegal. However, they questioned whether the CSA overrules the California law under Prop 215 to cultivate and possess marijuana for medical use (Gonzales v. Raich, 2011, para 6). The court found this activity to also have an effect on interstate commerce. Commerce Clause gives congress the power to regulate commerce with foreign nations, states, and tribes. The Supreme Court ruled that Congress could prohibit the cultivation and use of medical marijuana even if a state's laws allow it because Congress has the power to regulate state activity. (Gonzales v. Raich, 2011, intro) This proposes that technically medical marijuana was still legal in California, but not under federal law. The ruling greatly hindered the advancement of medical marijuana because it contradicted Proposition 215. Due to this court case, doctors were less likely to prescribe medical marijuana, which results in a reduced number of people using the drug. The increasing risk of medical marijuana users getting caught by federal government was frightening, but for many marijuana is a medicine vital to their
In the 2015 article “What will Federal Marijuana Reform Look Like?”, Alex Kreit states how the current stance towards marijuana has changed. For this reason, a need for a new policy is necessary, as the present strategy of implementing laws on federal marijuana prohibition is no longer sustainable. This shift of mindset towards legalization of marijuana leads Kreit to say that legalization is inevitable. As an illustration, in 1996, the Drug Enforcement Administration and Congress opposed California’s approval of medical marijuana. In contrast, the year 2013 was when the Department of Justice announced new guidance to deprioritize enforcement of marijuana laws. Because of this shift, Kreit propose that efforts should go to crafting marijuana
Lately it seems that drug policy and the war on drugs has been in the headlines quite a lot. It is becoming increasingly apparent that the policies that the United States government takes against illegal drugs are coming into question. The mainstream media is catching on to the message of organizations and individuals who have long been considered liberal "Counter Culture" supporters. The marijuana question seems to be the most prevalent and pressed of the drugs and issues that are currently being addressed. The messages of these organizations and individuals include everything from legalization of marijuana for medical purposes, to full-unrestricted legalization of the drug. Of course, the status quo of vote seeking politicians and conservative policy makers has put up a strong resistance to this "new" reform lobby. The reasons for the resistance to the changes in drug policies are multiple and complex. The issues of marijuana’s possible negative effects, its use as a medical remedy, the criminality of distribution and usage, and the disparity in the enforcement of current drug laws have all been brought to a head and must be addressed in the near future. It is apparent that it would be irresponsible and wrong for the government to not evaluate it’s current general drug policies and perhaps most important, their marijuana policy. With the facts of racial disparity in punishment, detrimental effects, fiscal strain and most importantly, the history of the drug, the government most certainly must come to the conclusion that they must, at the very least, decriminalize marijuana use and quite probably fully legalize it.
The controversy of legalizing marijuana has been raging for quite a while in America. From some people pushing it for medical purposes to potheads just wanting to get high legally. Marijuana has been used for years as a popular drug for people who want to get a high. All this time it has been illegal and now it looks as if the drug may become legal. There has been heated debate by many sides giving there opinion in the issue. These people are not only left wing liberals either. Richard Brookhiser, a National Review Senior editor is openly supportive of medical marijuana yet extremely conservative in his writing for National Review (Brookhiser 27). He is for medical marijuana since he used it in his battle with testicular cancer. He says "I turned to [marijuana] when I got cancer because marijuana gives healthy people an appetite, and prevents people who are nauseated from throwing up. "(Brookhiser 27) Cancer patients are not the only benefactors from the appetite enhancer in marijuana, but so are any other nauseous people. Arizona and California have already passed a law allowing marijuana to be used as a medicinal drug. Fifty Six percent of the California voters voted for this law. "We've sent a message to Washington," says Dennis Peron. "They've had 25 years of this drug was, and they've only made things worse." (Simmons 111) The Arizona proposition garnished an even wider margin of separation between the fore's an against in a sixty five percent support tally. Ethan Nadelmann insists that " these propositions are not about legalization or decriminalization. They're about initiating some non radical, commonsense approaches to drug policy." General Barry McCaffery disagrees saying, "I...
...ny people misunderstand this clause because it is very vague, but it means that the federal government can regulate state commerce if they trade with each other. “Purely local activities, therefore, remain outside of the reach of Congress under the Commerce Among the States Clause.” States under the Commerce Clause have the right to regulate marijuana within their own state. This clause gives states the power to trade goods as long as they don’t trade it with any other state.
in Colorado and Washington as not only medicinal, but recreational use. They have also begun
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 marijuana has a small amount of negligible effects to its users, the herbal drug more importantly has remarkable health benefits, and legalizing one of the oldest and most commonly known drugs would redirect America’s future with the advantages outweighing the disadvantages.
Marijuana has a greater beneficial impact on society then many people realize. Marijuana should be legalized for medical as well as recreational purposes. This is a highly controversial issue that is being debated throughout the country. In essence marijuana is evaluated by the effectiveness of the drug. It is defined as the dried flowered clusters and leaves of a hemp plant smoked for the intoxicating effect. Whether it should be legalized or not is the real question.
Marijuana is a shredded mix of dry flowers, stems and the seeds of a plant called cannabis and people usually smoke it in the form of cigarettes for relaxation. Ever since marijuana hit mainstream America over 30 years ago, government prohibition of it has been the subject of an ongoing debate. Should marijuana be legalized? Proponents of marijuana argue that there are numerous medical benefits and that the drug is not more harmful than tobacco or alcohol. Therefore, prohibiting it intrudes on personal freedom. On the other hand, opponents argue that marijuana is too dangerous; its legalization would increase the chances of the drug falling into the hands of kids and that marijuana use often progresses to the use of more dangerous drugs like heroin and cocaine. In the past decade, a number of movements to legalize the use of marijuana has been gaining momentum. According to the 2011 Gallup survey, a record high 50% of Americans say that marijuana should be legalized and this figure marks a 4% increase compared to the previous year. Support for legalizing marijuana was 30% in 2000, 40% in 2009 before reaching 50% last year. This shows that despite government efforts to eliminate its use, marijuana is becoming more popular. More and more people realize that legalizing marijuana brings a host of benefits. It not only offers medical benefits to the terminally ill but it could also be a source of tax revenues and could save the tax payers billions of dollars that is spent on enforcement costs.
In America,—the so called “home of the free” and well-known for being just and right—the federal law states that it is illegal to possess, grow, sell, or anything else related to marijuana—a natural, safe, and beneficial substance. If anyone is found guilty of these actions, they could face a fine anywhere from one thousand dollars to four million dollars and/or serve a prison sentence anywhere from fifteen days to life. However, the sale, use and even abuse of alcohol or tobacco—which is scientifically tested not natural, safe, or beneficial—is not seen to the government as illegal and is only punishable if sold to a minor or if the use of the substances causes a crime to occur. The illegal status of marijuana is an unjust law. The DEA (Drug Enforcement Administration) currently lists marijuana as a schedule 1 drug under the Controlled Substance Act (CSA). The CSA states that, “Schedule I drugs are classified as having a high potential for abuse, no currently accepted medical use in treatment in the...
The legalization of marijuana is a very prominent and controversial topic in today’s society. Many people will argue against the legalization because of the lies and stereotypes that have been posed against the typical “pot smoker.” The skewed perception of lazy and unmotivated Americans spread over the last century have distorted the truth about cannabis. There are many different reasons for legalizing marijuana including an easy tax to profit from, medical reasons, and also many drugs and substances that are already legal are much more dangerous.
In determining the ethicality of legalizing marijuana, it is necessary to understand the background of the issue, and to identify the most important stakeholders. In the 1930s, many states began outlawing the substance; ironically California was the first of these states (Rendon). In 1937, the federal government outlawed the substance, which pushed the growth and sale underground (Rendon). In 1970, President Nixon declared the substance a Schedule I Substance, which indicates that the substance has “a high potential for abuse” and “no currently accepted medical use” (Controlled Substances Act). The federal government has specified that for marijuana to have an accepted medical use, it must “be subjected to the same rigorous clinical trials and scientific scrutiny that the Food and Drug Administration (FDA) applies to all other new medications” ("Answers to Frequently Asked Questions about Marijuana"). There are numerous stakeholders in an ethical dilemma of this magnitude, which...
Much debate has been brought to Capitol Hill concerning the legalization of the Marijuana. Analyzing the history, data, and health effects of marijuana it becomes clear that the debate for the legalization of marijuana should be seriously considered and should be brought to congress as an issue that can stimulate the economy and bring together a divided nation. This issue along with many others will not be a reality until congress takes action and addresses the issue directly. Conflicting views arise when so much time effort and money have been spent to eliminate drugs. America’s “War on Drugs” has been an intense operation to eliminate narcotics on the streets and often catch the criminal distribution before it even reaches the public. Citizens of the United States have petitioned for the legalization of marijuana since its origin, yet minimal progress has been made and the illegal existence of the plant remains. Congress has faced the vote to legalize marijuana countless times while the majority of politicians favor the ban on the substance, however there are certain individuals of political office that have and continue to vote for its legalization. America’s emphasis and concern for the use, distribution, and growth of marijuana is outstanding with arrests reaching nearly 5.9 million since the year 1990. A large amount of time, money, and man-power has been applied to the operation of controlling the substance of marijuana in society and many people argue against this. As long as marijuana is not legalized, the debate and fight for its legalization will undoubtedly continue from the millions of people who use the herbal matter in this country alone.
Legalization of Marijuana has quickly become a controversial issue in America. In the United States, legalization of marijuana for medicinal purposes is spreading to the state level. For example, in November 1996, the people of California and Arizona voted to legalize marijuana for medicinal reasons. As a result of Proposition 215 in California, patients now smoke marijuana provided their physician recommends its usage. A prescription is not required, and marijuana continues to be illegal to prescribe. The Clinton administration responded that it “would not recognize these decisions, and would prosecute physicians who recommend or provide marijuana to their patients.” Although California and Arizona are the only two states to have already passed laws regulating marijuana usage, twenty-six states and the District of Columbia have laws and resolutions regarding marijuana usage. These laws and resolutions range from establishing therapeutic research programs, to allowing doctors to prescribe marijuana, to asking the federal government to lift the ban. Despite the states’ desires to have marijuana legalized for medicinal purposes, the US National Institutes of Health examined all existing clinical evidence about smoked marijuana and concluded that, “There is no scientifically sound evidence that smoked marijuana is medically superior to currently available therapies.”
Despite the 1976 ruling by the federal government that marijuana has “no acceptable medical use”, sixteen states have passed medical marijuana laws that allow for patient use o...
The first law that regarded marijuana in America required farmers to grow hemp in the year 1619 for clothing, rope, and other materials, but “as early as 1840, doctors recognized the medical applications of marijuana, and the drug was freely sold in pharmacies for over a century.” (Rich and Stingl). In 1937, the use and possession of marijuana was made illegal, but “before 1937 marijuana was freely bought, sold, grown, and used.”(Rich and Stingl). In 1970 the congress decided to classify marijuana as a schedule one drug, which has made the legalization more difficult, “schedule one drugs are considered dangerous, addictive, and have no medical benefits.”(Rich and Stingl). Marijuana fits the schedule one drug classification because marijuana is dangerous to people’s health, has been found to be addictive if used daily, and also has no medical benefits because marijuana can cause more health problems than it can cure.