Compare Federalism And The Legalization Of Marijuana

Federalism and Marijuana

Federalism and the Legalization of Marijuana Laramie Bahr POL 201 American National Government Jeremiah Chauncey 09 August 2014

Federalism and Marijuana

The 'War on Drugs' has been raging across the nation since the passing of the Controlled Substances Act of 1970. On the surface of it this 'war' seems noble and without ambiguity. Many states, however, see it differently when it comes to the possession, use, and growth of marijuana. In this essay I will show that federalism has been, and will continue to be, tested as the federal government and the states find themselves increasingly at odds over the issue of legalized marijuana.

The Controlled Substances Act (CSA) of 1970 defined what drugs were illegal,…show more content…
One one side people attest bigotry, racism, and even the financial interests of big corporations as reasons, whereas the other side cites the fact that marijuana is, in fact, a drug and inherently harmful to both individuals and society. Opponents also point out that legalizing recreational marijuana is a violation of international law, specifically the United Nations Single Convention of Narcotics Drugs of 1961 (www.UN.org).

There can be no doubt the effectiveness of the CSA concerning marijuana is less than stellar. To be effective one would have to say that people, first off, would agree overwhelmingly that use or possession of marijuana should be a crime in the first place. Even using the words 'legalization' and

Federalism and Marijuana 'decriminalization' invite debate as one would suggest that the illegalization was right and proper and the other suggests the criminalization was the wrong thing to do in the first place, thereby creating a culture of criminals where there should never have been. The fact remains that marijuana is the drug of choice throughout the country. While average Americans may be hard pressed to find users of narcotics like heroin or even cocaine, nearly everyone at least knows someone who partakes in marijuana use, medical or otherwise. In 2011 less than 2 million people tried cocaine, less than 400,000 experimented with heroin, but 28 million people…show more content…
(2009, January). Federalism and Medical Marijuana: A Match Made in Confusion. Demockracy. Retrieved from http://demockracy.com/federalism-and-medical-marijuana-a-matchmade-in-confusion/ Randall, R.C. (1988). Marijuana, medicine, and the law. Washington, DC: Galen Press. Scrog, B. (2014, August) Marijuana Forums. Retrieved from http://marijuana.com/community/members/scrogbetty.198173/ Schwartz, D.S. (2013, December). High Federalism: Marijuana Legalization and the Limits of Federal Power to Regulate States. Retrieved from http://eds.b.ebscohost.com.proxylibrary.ashford.edu/eds/pdfviewer/pdfviewer?vid=3&sid=ce355569-c952-4649-a025d1faba577e99%40sessionmgr110&hid=116 Rauch, J. (2013, April). Marijuana and Same Sex Marriage: A Common Path to Legalization. The Washington Post. Retrieved from http://www.washingtonpost.com/opinions/marijuana-and-same-sexmarriage-a-common-path-to-legalization/2013/04/04/41a055d6-9ca3-11e2-9a79eb5280c81c63_story.html Cuccinelli, K. (2013, February). Ken Cuccinelli clarifies remarks on marijuana legalization as federalism issue. Charlottesville Examiner. Retrieved from http://infoweb.newsbank.com.proxylibrary.ashford.edu/iw-search/we/InfoWeb? UN News Center (2013, March) US recreational cannabis use would violate international laws, UN anti-narcotics panel says. Retrieved from http://www.un.org/apps/news/story.asp?NewsID=44376#.UjPJDog-mR Mathre, M.L. (1993, June) The Medicinal Use of Marijuana, UKCIA.