Preview

Federal Marijuana Prohibition Act

Better Essays
Open Document
Open Document
1081 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Federal Marijuana Prohibition Act
Federal Marijuana Prohibition Act
Shelia Greenwald
POL201: American National Government (ACK1431C)
Instructor: Benjamin Copeland
August 12, 2014

MDPV is an ingredient in bath salts, a street drug that causes paranoia and hallucinations and waves of terror and frightening delusions. Bath salts are an illicit drug, but much more dangerous than other illicit drugs including crystal meth, cocaine, ecstasy, PCP, heroin, etc. Marijuana is a plant and the flowering buds of the plant is smoked for the active ingredient, THC. THC produces euphoria, due to the release of dopamine. While some American’s agree with the federal prohibition of marijuana, a larger majority of Americans think marijuana should be legalized.
First, we will look at the current Federal Marijuana laws and punishments, and the fact that the Federal marijuana laws are extremely serious, and penalties for those found guilty are extremely steep. Then, we will look at reasons the Federal law causes conflict with state laws, and then we will look at why some believe marijuana should be legalized, and others do not.
Under federal law, marijuana is treated the same as bath salts, meth, heroin, and cocaine. In other words, the federal government categorized marijuana with the most dangerous of illicit drugs. These drugs are classified as a Schedule I drug, however, marijuana control is top priority of the National Drug Control Policy (Blumenson, Nilsen, 2010). Under federal law, there are two types of sentencing laws: sentencing laws, and mandatory sentencing laws. Over 1 kg of marijuana carries a six to twelve month sentence. Over 2.5 kg, with a prior conviction carries 2-3 years in jail (Americans for Safe Access, 2014).
Mandatory minimum for possession of 100kg, or cultivation of 100 plants is 5 years, or 10 years with a prior conviction. Mandatory minimum for possession of 1000kg, or 1000 plants is ten-years, or twenty-years with one prior conviction, and a life sentence with two



References: Blumenson, E. & Nilsen, E. (2010, January, 1). Liberty lost: The moral case for marijuana lawreform. Indiana Law Journal: Vol. 85: Issue 1, Article 7. Retrieved from http://www.repository.law.indiana.edu/ilj/vol85/iss1/7 Gootenberg, P. (2009). Talking about the Flow: Drugs, Borders, and the Discourse of Drug Control. University of Minnesota Press. Retrieved from the jstor database. Miller, D. E. (2012, August, 31). Narcotic and marihuana controls. Chief Councel, U. S. Bureau of Narcotics. Retrieved from the EBSCOhost database. Schwartz, D. S. (2013, March, 21). High Federalism: Marijuana Legalization and the Limits of Federal Power to Regulate States. Cardozo Law Review, Vol. 35, NO. 567, 2013. University of Wisconsin Legal Studies Research Paper No. 1222. Retrieved from the ProQuest database.

You May Also Find These Documents Helpful

  • Better Essays

    Mary Jane: the Devil Weed

    • 838 Words
    • 4 Pages

    is a marker for individuals who are more prone to seek new experiences even when…

    • 838 Words
    • 4 Pages
    Better Essays
  • Powerful Essays

    Barkacs, Linda L., and Craig B. Barkacs. 2010. “Do I Feel Your Pain? Medical Marijuana, The Workplace, And Federalism.” Journal of Legal, Ethical & Regulatory Issues 13, no. 1: 67-74. Retrieved from EBSCOhost.…

    • 2054 Words
    • 9 Pages
    Powerful Essays
  • Better Essays

    This paper explores the legalization of cannabis from a medical and economic standpoint. In a pro/con format I will research and analyze different facts and opinions on whether or not legalizing cannabis is in the best interest of the people and the government. As we progress into the future more and more states are hopping on the bandwagon. Not only are the people interested in the advancements from a medical standpoint but is allowing each state themselves to decide how it will be handled and taxed benefiting the local economy. While this is a vital step forward, the work to ensure that all seriously ill patients who can benefit from medical cannabis have reasonable access to it is not done. (blog.mpp.org/medical-marijuana/new-york-becomes-the-23rd-medical-marijuana-state/07072014)…

    • 3286 Words
    • 9 Pages
    Better Essays
  • Powerful Essays

    Peat, M. (1977). Marijuana : A Study of StatePolicies and Penalties . Washington: The Center.…

    • 2935 Words
    • 12 Pages
    Powerful Essays
  • Good Essays

    Soc 331

    • 1200 Words
    • 4 Pages

    This paper will focus on the State and Federal marijuana legalization from three scenarios and analyze the retributive, commutative, and distributive justice of these three scenarios complex situations. First scenario will be a “recreational pot smoker, who lives in a state that recently legalized growing, possessing, selling, and distributing, through state-regulated dispensaries, limited amounts of marijuana for medical use”(Ashford University online school website,2013). Second scenario “a parent living in the same state, concerned that her 12-year-old will be exposed to new and significant risks of addition of pot that will be readily available in their community” (Ashford University online school website, 2013). Third scenario is the “Chief of Police of the city where these people live, who has urged the City Council to enact new local zoning and other regulations that will make it virtually impossible for medical marijuana dispensaries to operate in the city” (Ashford University online school website, 2013).…

    • 1200 Words
    • 4 Pages
    Good Essays
  • Good Essays

    "The Constitution and Marijuana." Civil Liberties Monitoring Project. N.p., n.d. Web. 22 Mar. 2013. <http://www.civilliberties.org/spr97const.html…

    • 908 Words
    • 4 Pages
    Good Essays
  • Better Essays

    English 121

    • 1945 Words
    • 8 Pages

    I. The first article “Up in Smoke” Ward (2010) describes the legalization of marijuana and the positive attributes it would provide in regard to the government and individuals with health issues.…

    • 1945 Words
    • 8 Pages
    Better Essays
  • Good Essays

    Marijuana legalization, is an issue that can be dated back to the late ninetieth century (PBS). This issue continues to be a controversial topic in today’s world. State and federal laws still collide on the issue of marijuana legalization. On November 2, 2010, California voters voted on a ballot called the Regulate, Control, and Tax Cannabis 2010. Prior to this date, Charles Stimson wrote an article, “Legalizing Marijuana: Why Citizens Just Say No,” in order to persuade California voters to not vote in favor of the ballot. He made various claims such as; marijuana is bad for one’s health, that it is linked to crime, and that the legalization of marijuana will not help the economy. He also poses the questions: who would distribute the drug and…

    • 1334 Words
    • 6 Pages
    Good Essays
  • Better Essays

    The history of marijuana and how it became illegal is interesting. In 1970 the United States Congress passed legislation called the Controlled Substance Act, which listed marijuana as a Schedule I drug. This is the same category that LSD, cocaine, heroin and ecstasty and are described according to DEA drug schedules, as having no currently accepted medical use and a high potential for abuse. Schedule I drugs are the most dangerous drugs of all the drug schedules with potentially severe psychological or physical dependence. Since that time it has been illegal to manufacture posses or distribute marijuana in this country. Interestingly enough in the same year of 1970 an essay by Gore Vidal in the New York Times, talked about a past era of prohibition, and cautioned readers to avoid repeating lessons of the past. Vidal states, “No one in Washington today recalls what happened during the years alcohol was forbidden to the people by Congress that thought it had a divine mission to stamp out Demon Rum and so launched the greatest crime wave in this country’s history, caused thousands of deaths from bad alcohol, and created a general (and persisting) contempt for the laws of the United States.” I ask, “Does this sound at all familiar on a grander scale?” The lifting of this prohibition of marijuana has massive economic impact on this country and every state. It also affects several other areas where the economic benefits will trickle down to. In this paper I will state some controversial facts and reasons why marijuana should be legalized nationally on a federal and state level. The “war on drugs” has been the cause of over 21 million American citizens to be cited or arrested for violating various marijuana laws despite avid law enforcement. It has also been stated that over 100 million people in this country have tried marijuana and 1 in 10…

    • 1633 Words
    • 4 Pages
    Better Essays
  • Powerful Essays

    Legalization of Marijuana

    • 3597 Words
    • 15 Pages

    Several topics in modern day society cause controversy, but one topic that out ranks them all is the legalization of marijuana. The main argument is whether not marijuana should be treated the same as already legalized drugs, such as tobacco and alcohol. Many Americans use marijuana illegally; the people using the drug range from the age of teens to even adults in their eighties. Marijuana is considered by most, especially in legal terms, as a dangerous drug. Although the drug is seen as such, many still continue to use it and argue it should be legalized for several reasons. Both citizens and government officials alike debate this topic. To successfully develop and argument for the legalization of marijuana the topic must be defined, the history of the topic must be unveiled, an argument must be made, and a good solution should be proposed. Yes, both sides of the argument both have well supported positions, but marijuana should be legalized by the United States government because the facts supporting legalization far outweigh the arguments keeping the drug as it is.…

    • 3597 Words
    • 15 Pages
    Powerful Essays
  • Satisfactory Essays

    There are many reasons why marijuana should not be legalized in the United States. The nation should fight to reduce marijuana use to improve the country’s health, education, and productivity.…

    • 515 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    State government should be the ones that get to decide if their people should have the right to marijuana consumption. All reasons, aside, according to Article 1 in the Constitution, "All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives." The actual consumption of marijuana would be considered as being a legislative power and it should be up to the state government to decide. Each state should have a say if their own state should be allowed to do anything ccording to the way that the state is ran. Article 6 in the constitution states that in criminal prosecutions, the prosecutor, has to follow up by speaking to an impartial jury of the State and district wherein the crime shall have been committed. If it happens in a state then that state should have rightful power to decide what to do with the "crime". And lastly, The 10th amendment states that powers that are not said to be prohibited belong to the states or to the people. It is the states job to decide what laws to make without going against the constituion.…

    • 330 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Marijuana

    • 686 Words
    • 3 Pages

    Cited: "Cannabis: The Story - TheSite.org." Cannabis: The Story - TheSite.org. Web. 16 Apr. 2013.…

    • 686 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Hot Topic- Marijuana

    • 585 Words
    • 3 Pages

    Marijuana use and the ability to freely choose whether or not it should be legal or illegal is fierce debate today. Whether or not State or Federal government should regulate this is the “hot topic” that is being debate even as we speak. There are two sides to every story and of course my opinion as well.…

    • 585 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    The first question I ask is why should marijuana be illegal? From a rational point of view, individuals deserve the right to make choices for themselves. The government should then only have the right to limit those actions if they pose a threat to others or yourself. Marijuana has been found less dangerous, as well as fewer side effects than legal drugs such as tobacco or alcohol. Marijuana use has also become exceedingly valuable in the medical field, unlike the current obtainable legal dugs. Prohibition of marijuana use might actually increase drug use in our youth. The use of marijuana is becoming more common one reason is it’s accessible and not regulated like alcohol or tobacco. Another valid point on the legalization/decriminalization of cannabis is financial components. Our nation spends billions of dollars each year on trying to criminalize marijuana users and on drug campaigns, that don’t seem to be effective to me. In addition if marijuana were to become legalized, the government would be able to regulate and collect taxes on it. This would be beneficial in many ways such as cost for successful drug education programs, and to reduce government debts.…

    • 282 Words
    • 2 Pages
    Satisfactory Essays