Federal[ edit ] Alaskan cannabis extract Under federal law, it is illegal to possess, use, buy, sell, or cultivate marijuana in all United States jurisdictions, since the Controlled Substances Act of classifies marijuana as a Schedule I drugclaiming it has a high potential for abuse and has no acceptable medical use. Despite this federal prohibition, some state and local governments have established laws attempting to decriminalize cannabis, which has reduced the number of "simple possession" offenders sent to jail, since federal enforcement agents rarely target individuals directly for such relatively minor offenses. Other state and local governments ask law enforcement agencies to limit enforcement of drug laws with respect to cannabis.
What happens when states enact legislation that contradicts federal laws?
October 1, By Jeremy Quattlebaum, Student Voices staff writer From Colorado to Missouri, Wyoming to Washington, states recently have passed laws that contradict or ignore federal laws.
In these so-called nullification efforts, the states have acted because they say the federal laws are unconstitutional or they disagree with the laws. For example, Colorado and Washington have legalized marijuana for anyone over the age of 21 while the federal government still criminalizes the possession and distribution of the drug.
This led to a standoff between the states and the Department of Justice, until the department announced that it would not prosecute marijuana growers and distributors in Colorado and Washington.
The Justice Department emphasized that the states must tightly regulate marijuana and that it has the right to arrest anyone breaking a federal law. An Associated Press analysis found that four of five states have a law that directly opposes a federal law.
So what does it mean when a state passes legislation that goes against federal laws? The answer is tricky. In the cases of Colorado and Washington, the federal government, operating through the Department of Justice, decided that it was not worth the legal fight and has stepped back to see what happens in regard to marijuana laws.
The Justice Department said it would allow the states to enact legalization efforts as long as strict regulations ensure that the drug does not get into the hands of minors, that the profit is not going to criminal enterprises, and that marijuana grown in the states does not cross into states where the drug is illegal.
Simply put, the federal government is allowing the marijuana shops to open, but it also retains the right to shut them down at any time.
United States, the Supreme Court said that state agencies did not have to perform federally mandated background checks of individuals trying to purchase a handgun, but since the background checks were federal law, federal agencies were allowed to conduct background checks.
Furthermore, Article VI of the Constitution contains what is often referred to as the supremacy clause. It states that when a state law is in conflict with a federal law, the federal law takes priority.
Should state laws or federal laws take priority? Join the discussion and let us know what you think!The use, sale, and possession of all forms of cannabis in the United States is illegal under federal law. As a Schedule I drug under the federal Controlled Substances Act of , cannabis (legal term marijuana) is considered to have "no accepted medical use" and have a high potential for abuse and physical or psychological dependence.
Later in May , the U.S.
military announced they will begin urinalysis of all returning servicemen. The program goes into effect in September. % of the soldiers test positive for heroin. "By , marijuana had made its way into the United States Pharmacopeia [an official public standards-setting authority for all prescription and over-the counter medicines], which listed marijuana as treatment for numerous afflictions, including: neuralgia, tetanus, typhus, cholera, rabies, dysentery, alcoholism, opiate addiction, anthrax, leprosy, .
The United States's relationship with marijuana dates back to the Colonial Era. American production of hemp (the cannabis plant) was encouraged by the government in the 17th century for the production of rope, sails, and clothing.
10,year History of Marijuana use in the World. 8,+ BCE Use of hemp cord in pottery identified at ancient village site dating back over 10, years, located in the area of modern day Taiwan.
|Be a part of the movement. Donate today!||History of United States drug prohibition From Wikipedia, the free encyclopedia This article needs additional citations for verification. Please help improve this article by adding citations to reliable sources.|
Finding hemp use and cultivation in this date range puts it as one . However, Anslinger began to capitalize on fears about marijuana while pressing a public relations campaign to encourage the passage of uniform anti-narcotics legislation in all 48 states. He later lobbied in favor of the Marijuana Tax Act of