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Medical Marijuana: State vs Federal Laws

While most states have legalized medical marijuana, it remains illegal under federal law. The document discusses the conflict between state and federal laws on this issue. It provides context on states' rights and explains that 26 states have legalized medical marijuana as of 2016. However, the federal government still considers marijuana a Schedule I substance and has cracked down on distributors at times. To resolve conflicts, agencies have issued guidelines around patient registries and cultivation. Congress has also taken steps to prevent federal interference in states with medical marijuana laws. The debate around resolving differences between state and federal marijuana policies continues.

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124 views4 pages

Medical Marijuana: State vs Federal Laws

While most states have legalized medical marijuana, it remains illegal under federal law. The document discusses the conflict between state and federal laws on this issue. It provides context on states' rights and explains that 26 states have legalized medical marijuana as of 2016. However, the federal government still considers marijuana a Schedule I substance and has cracked down on distributors at times. To resolve conflicts, agencies have issued guidelines around patient registries and cultivation. Congress has also taken steps to prevent federal interference in states with medical marijuana laws. The debate around resolving differences between state and federal marijuana policies continues.

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© © All Rights Reserved
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Chang 1

MEDICAL MARIJUANA: FEDERAL VS STATE LAWS

Tiffany Chang
Political Science 001
Professor Humman
13 November 2016

Chang 2

MEDICAL MARIJUANA: FEDERAL VS STATE LAWS


INTRODUCTION: What are states rights?
States rights refer to the idea that there are political powers meant for the states usage within
their own government and for the national government, respectively. These rights were not
included in the Constitution, which lead the anti-federalists to argue that the states didnt have
enough power. States rights are the dogma that have developed from the Tenth Amendment of
the Constitution.
Medicinal Marijuana
A recent polls shows that nearly 80 percent, 40 states, support the usage of medical
marijuana. Despite that there are laws regarding medical cannabis in these 40 states, cannabis is
still considered illegal under the federal law. Because of the abundance of support, states want
the legalization of the use of medical marijuana. As of June 2016, 26 states have legalized the
medical marijuana, California included. The legal difference between each state varies. It seems
like all 50 states have legalized marijuana, but the ban removal does not appear to have been
effective in all states. In attempt to settle the conflict between federal and state laws, several
agencies have created guidelines to form some sort of compromise.
Federal government action is supposed to be limited to issues that is a concern
nationwide. As of 2001, the Supreme Court ruled that the use of marijuana, regardless if it were
medical purposes or not, were to remain under the classification of illegal and ill patients were
no exception to that rule. Marijuana is still classified as a Schedule 1 substance under the
Controlled Substance Act. Due to the Obama Administration of 2009, federal prosecutors were
encouraged to follow up with state laws and regulation for people who distribute marijuana

Chang 3
under medical purposes. Many cases of the usage of marijuana have been targeted by the federal
powers, especially in California. However, because California is one of the states that have
legalized medical marijuana, patients can avoid federal prosecution as long as they follow in
compliance with Californias medicinal marijuana laws. This can also be applied to other states
as well. State-level consequences and penalties will still be upheld for those who break the laws.
In attempt to settle the conflict between federal and state laws, several agencies have
created guidelines to form some sort of compromise. A few of these rules include: the access to
marijuana through large-scale growers, dispensaries, non-legal sources, and home cultivation
will be considered something of federal attention; there must be some form of patient registry;
and patients must be approved first and foremost before any access. During the time of 20142015, Congress had called a change in the ceasefire between the federal and state disputes. The
Commerce Justice Science (CJS) was meant to prevent direct inference of the federal
government and to limit the enforcement in pro-medical cannabis states. As of 2016, a majority
of the federal agencies, excluding the Drug Enforcement Administration (DEA), have come to an
agreement that medical marijuana was not considered a federal priority. Along with the CJS,
there was also the Compassionate Access, Research Expansion, and Respect States Act
(CARERS) that held the intention to mend the federal-state conflicts over medical marijuana
laws.

Chang 4
Citation

DiFonzo, J Herbie, JD, PhD; Stern, Ruth C, JD, MSW. DIVIDED WE STAND: MEDICAL
MARIJUANA AND FEDERALISM. American Bar Association. June 2015.
[Link]
E34457PQ/1?accountid=28371
Orange County Register. Obama Justice Department attack on medical marijuana puzzling,
wrong. Orange County Register. October 23 2011.
[Link]
704B1EPQ/4?accountid=28371
Dunford, Thomas. Investors See Potential Opportunity in Marijuana Reform Bill: Proposed
Carers Act would redefine cannabis as a Schedule II. Dow Jones & Company Inc. Mar
10 2015.
[Link]
D0FD2C604DBEPQ/1?accountid=28371

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