Medical Marijuan Article Analysis

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INTRODUCTION: The article I have chosen examines the laws legislated regarding the use of Marijuana by United States citizens for medical reasons. The article mostly explores the clash between federal and state law regarding this issue and raises legal questions regarding the right to grow, distribute or prescribe marijuana as a medical necessity and the right to use marijuana for legitimate medical reasons as a part of the right to personal autonomy. The main reason for choosing to write about the right to use medical marijuana as a part of the right to personal anatomy, and about the conflict between state law and federal law regarding this issue, is that this topic demonstrates a problem within the judicial system. The will…show more content…
State Law: There are ten states in the United States that have legislated statues authorizing the use of medical marijuana, under certain restrictions. According to the new state laws, if a person is suffering from certain conditions and his doctor advises him (after explaining all possible consequences) to use marijuana as a part of treatment, that person is legally allowed to consume and posses marijuana up to an amount mentioned. The statues mentioned were legislated due to an obvious change in the public opinion on this matter in those ten states. Each state sets its own restrictions. Federal Law: Congress enacted The Controlled Substances Act in 1970. Under this act there are five schedules of drugs and chemicals. Marijuana was classified as a schedule 1 controlled substance which means that it is not allowed to posses, distribute or manufacture marijuana in the United States for any reason, including medical necessities. The clash between the state and federal law in this matter is obvious and…show more content…
Legal Issues: Whether or not there is a medical necessity exception to the federal Controlled Substances Act regarding marijuana use. Holding: There is no medical necessity exception to the federal Controlled Substances Act's prohibitions on manufacturing and distributing marijuana. The judgment of the Court of Appeals is reversed and the case is remanded for further proceedings consistent with this opinion. Ratio-decidendi: The Controlled Substances Act classifies marijuana as a schedule 1 controlled substance, providing only one express exception to the prohibitions on manufacturing and distributing the drug: Government approved research projects. Such researches were never published. Under any conception of legal necessity, the defense cannot succeed when the legislature itself has made a determination of values. Here, the act reflects a determination that marijuana has no medical benefits of an exception. This conclusion is supported by the structure of the Act, which classifies marijuana as a schedule 1 substance – a drug that has no currently accepted medical

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