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.