Laws and Marijuana

Lawsand Marijuana


Lawsand Marijuana

Underthe Federal laws in America, the utilization, possession, purchase orsale, conveyance, and cultivation of marijuana is illegal, althoughthe federal government has permitted states to pass regulations thatauthorize the use of the drug for medical or recreational use.However, the states have regulation systems for the regulation of thesubstance since the drug has high abuse potentials. In addition,although researchers have asserted the medical benefits of the drugs,such benefits remain contentious since they remain scientificallyunverified (Young, 2005). Some states have indorsed the drug towavering marks others have generated exclusions, while others havemedicinal and sanction laws (Garvey, 2012). In this regards, thecountry continue to see parallel laws that coexist since thegovernments have established systems to cultivate harmony betweenstate and federal laws. However, the federal government has theupper hand in the laws. In Gonzales v. Raich (2005), the SupremeCourt asserted that the government has the constitutional authorityto prohibit the drug for all purposes (Young, 2005). However, theruling did not overturn local laws, but rather asserted that thedecisions about prosecution are at the discretion of the government.

Peopleusually consume cannabis for its physiological and psychoactiveeffects, which comprise sensitive euphoria, increase in appetite, andrelaxation. Garvey (2012) contends that in 1972, the US congressplaced the use of marijuana under the control of Substances Act sincethe government considered the drug to have medicinal use. Ever since,22 of 50 US states have legalized marijuana (Garvey, 2012).Researchers have documented extensively on the therapeutic advantagesof marijuana in the modern world, although the contention on thebenefits of the drug continue to elicit dispute whether the drug issafe to people with conditions such as AIDS, pain, glaucoma, multiplesclerosis, cancer and epilepsy.

Itis egregious when governments prohibit the use of marijuana sincemost people cannot legally access the medication that works finestfor them. In some cases, studies have shown that the drug alleviatespain from patients of cancer and patients in critical conditions(Garvey, 2012). As such, from the medical point of view, continuedcriminalization of the drug may thwart efforts to uncover the mosteffective and best uses of marijuana as a medication substance thus,the continued harmony of the state laws that seek to decriminalizethe drug for specific purposes. On the other hand, the profiling ofthe drug as a schedule one substance means that the government doesnot recognize its medical benefits allows the federal government tohave a controllable mechanism on managing its use.


Garvey,T. (2012, March). Medical Marijuana: The Supremacy Clause,Federalism, and the Interplay between State and Federal Laws.Congressional Research Service, Library of Congress.

Young,E. A. (2005). Just Blowing Smoke? Politics, Doctrine, and theFederalist Revival after Gonzales v Raich. SupremeCourt Review,2005(1),1-50.