Discussion: Marijuana and the Federal Law

Summary

In the United States of America, marijuana is classified as a Schedule I Controlled Substance under federal law. Such a classification implies that the production, possession, or use of this drug in the country is illegal federally. Despite the illegalization of this drug by the central government, some states, such as Colorado and Washington, have legalized it for recreational purposes, and this contradicts federal law (Peter & Rick, 2017). According to the US Constitution, federal law is supreme whenever a conflict arises between state laws and itself (Peter & Rick, 2017). Therefore, there is a need for the federal government to establish laws that aim at regulating cannabis use in states where the drug is legalized.

Dealing with Marijuana Legalization

States in America are increasingly establishing laws authorizing the use of cannabis contrary to federal law. Research shows that about 33 states in the US have legalized the medical use of this drug (Yu et al., 2020). In addition, 11 of these states have already established laws governing the use of marijuana for recreational purposes (Yu et al., 2020). With this trend, it would be prudent for the federal government to pass laws allowing some recreational use of this drug in favor of these state laws. Such a move would grant federal agencies such as the US Food and Drug Administration (FDA) and the Drug Enforcement Agency (DEA) an opportunity to regulate and oversee drug usage and drive out the black market.

Enforce or Ignore the Federal Law?

Although the legal use of cannabis in America is on the rise, given the establishment of some state laws decriminalizing the drug, disregarding the federal law against marijuana is not justified (Peter & Rick, 2017). There is a need for the central government to find ways and means of enforcing the federal law, including imposing amendments to ensure enforcement at the state level. Congress should be at the forefront in deciding the criteria for legalizing the drug.

References

Peter, H., & Rick, B. (2017). Marijuana legalization in the United States: An Australian perspective. Researchgate, (535), 2-16. Web.

Yu, B., Chen, X., Chen, X., & Yan, H. (2020). Marijuana legalization and historical trends in marijuana use among US residents aged 12–25: results from the 1979–2016 National Survey on drug use and health. BMC Public Health, 20(1). Web.

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StudyCorgi. 2023. "Discussion: Marijuana and the Federal Law." January 15, 2023. https://studycorgi.com/discussion-marijuana-and-the-federal-law/.

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