The Marijuana Law Essay

Introduction

Since the beginning of humanity, there have been laws governing marijuana. Cannabis sativa, or marijuana, is the formal name for this plant. It has been illegal since the late 1930s. As a result, its legitimacy differs from nation to nation. Marijuana is primarily governed by two laws, one state law and one federal law.

State and Federal Regulations

Regarding marijuana use, there are numerous State and federal regulations. The 44 states in the US have enacted a variety of cannabis regulations. However, federal legislation continues to make marijuana illegal. There is a Controlled Substance Act in the federal government that is used to regulate drugs. This act does not recognize marijuana as a either a recreational or medical drug or the federal law is applied to those persons who possess, distribute, cultivate a large amount of the drug.

(The Margolin guide: state of California and United States federal marijuana laws: know the laws and your rights , 2013)

Federal Classification of Marijuana

According to this research, federal laws treat marijuana just like any other controlled substance such as heroin and cocaine. Every drug is paced in a schedule by the federal government in relation to its potential for abuse and also in relation to its medicinal value. The Controlled Substance Act classifies cannabis as Schedule 1, thus according to the federal government marijuana is highly addictive and has no medicinal value.

(Marijuana laws: should state and federal marijuana laws be reformed? , 2005)

Restrictions on Medical Use

Therefore, federal law does not allow doctors to give treatment using marijuana but it is possible for them to prescribe it when it is under the First Amendment. Under federal laws, marijuana is taken very strictly and if found in possession the punishment given is very strict. There have been trials where judges have stated that people cannot use the medicinal impact of marijuana as defense in their trials. Defense attorneys are however encouraged to use medicinal impacts of marijuana frequently during such trials.

(Marijuana laws: should state and federal marijuana laws be reformed? , 2005)

Enforcement of Marijuana Laws

According to this research, federal laws are shown to apply throughout Washington D.C. and the United States. In 2016, various federal agencies gave guidelines and policy memorandums that were used to help in management of the conflict between federal and state laws in relation to medicinal use of marijuana. In 2013, a guidance memo was issued to prosecutors on enforcement of marijuana under Controlled Substance Act and this memo made it clear that it was not right to prosecute state legal medical marijuana.

(US marijuana laws clamping the lid on pot research , 2006)

State Laws and Legalization

Eight guidelines were issued in the memo and these were majorly for prosecutors so that they could determine existing federal government priorities. Businesses with licenses need to meet these same guidelines. A proposition 215 was passed by California voters in 1996 and this made the Golden State the very first in the union that allowed for the medicinal use of marijuana. After this proposition 28 states such as the District of Columbia, Puerto Rico and Guam came up with the same law regarding usage of marijuana as medicine.

(“State by State Medical Marijuana Laws”, 2014)

Medical Use Approval and Defenses

In a number of 18 states, there has been approval of use of high marijuana products for medical use and also can be used in legal defenses. However, these are not part of the comprehensive marijuana programs.

(“State by State Medical Marijuana Laws”, 2014)

Changes in Laws

There were states such as Arizona and District of Columbia that managed to have the law passed to allow marijuana to be used for medical use but later had the law overturned. Congress blocked an initiative 59 that was passed by voters in the District of Columbia in 1998. Congress however reversed their decision and in 2009, they allowed the initiative to become the law. The Initiative 59 was later put temporarily on hold by D.C Council and they also approved various modifications to the law.

(Who Supports Cannabis Legalization?, 2008)

Federal Sentencing Laws

According to this publication, two types of federal sentencing laws exist. One is the sentencing guidelines that have been put in place by the United States Sentencing Commission and the mandatory sentencing laws put in place by Congress. In 1986, a drug bill was enacted that gave various mandatory minimum sentences. The amount of marijuana involved during the arrest of a criminal and also passed convictions of the accused are taken into account by the Federal sentencing guidelines.

(The marijuana laws: federal, state and local penalties and related materials , 2007)

Penalties for Marijuana Offenses

It is important to note that not every marijuana conviction warrants a jail term but every marijuana offence is eligible for time in prison. A person found guilty for possession of marijuana will require serving 85% of the stipulated sentencing period. The greater the amount of marijuana in possession, the greater the amount of time one will serve in jail. One may get probation for one to twelve months period if one is a defendant with a low-level offense case and having multiple prior convictions.

(The marijuana laws: federal, state and local penalties and related materials , 2007)

Sentencing for Different Amounts of Marijuana

A convict with possession of over one kilogram of marijuana but does not have prior convictions will be given a sentence of six to twelve months or also be put under probation with alternative sentencing. When a convict is found in possession of marijuana weighing 2.5kg or more and there is no history of past conviction, the convict is given a jail sentence of at least 6 months. When there are many convictions, the accused is given a sentence of two or three yeats in jail minus probation.

Bibliography

Marijuana laws: should state and federal marijuana laws be reformed? . (2005). Congressional Quarterly.

US marijuana laws clamping the lid on pot research . (2006, 10). Nature Medicine.

New marijuana laws in 2 states prompt caution. (2007, 12 11). JAMA: The Journal of the American Medical Association.

The marijuana laws: federal, state and local penalties and related materials . (2007). Center for the Study of Non-Medical Drug Use .

Who Supports Cannabis Legalization? (2008, 08 31).

The Margolin guide: state of California and United States federal marijuana laws: know the laws and your rights . (2013). Bruce M. Margolin.

“State by State Medical Marijuana Laws”. (2014). Marijuana Policy Project.

Clearing the haze: the complexities and challenges of research on state marijuana laws. (2016, 10 10). Annals of the New York Academy of Sciences.