Laws on Marijuana Essay

The term "marijuana" alludes to a psychoactive substance derived from the Cannabis plant and used both recreationally and medicinally. Marijuana is one of the most abused illicit substances on a global basis. Marijuana is frequently rolled into a cigarette and inhaled that way, but it can also be smoked in a pipe.

Although marijuana is still listed as a Schedule I drug at the federal level, 29 US states have passed laws allowing its medicinal use. This places a heavy burden on law enforcement to execute these laws. (State Medical Marijuana Laws, 2017). Marijuana’s classification by the federal state under schedule I renders its production, prescription as well as its distribution a federal offense, this, in turn, makes the legalization of marijuana in states such as California invalid. It is therefore quite difficult to enforce the marijuana laws as individuals in marijuana legalized states are protected from criminal penalties for producing and using marijuana due to presence of a legal defense (State Medical Marijuana Laws, 2017). Moreover, as a result of the legalization, most states without dispensary regulations are now experiencing a huge boom in the “medical marijuana” business, thereby, promoting the use of marijuana by the locals while being protected by the state laws.

Classification of Marijuana

In the US, certain substances, drugs as well as chemicals used to make drugs are classified into five categories based on dependency or drug abuse levels and upon the acceptability of the drug in medical use (Drug Schedules, n.d). Concerning marijuana, another problem faced is the classification. For years marijuana has been classified under schedule I which comprises of drugs, specific chemicals as well as substances that tend to create physical and psychological dependence and are not used for medical purposes rendering them illegal (Drug Schedules, n.d). However, decriminalization and legalization of marijuana in some of the US states makes it hard to classify it because it no longer falls under schedule I but under schedule II which entails drugs that create high dependency but are used for medical purposes. On the other hand, by classifying it under schedule II makes it to a great extent legal which is contrary to the US federal laws thereby, making it difficult to classify it.

Is criminalizing behavior in one state that is legal in another justified?

Criminalizing behavior in a state while legalizing it in another is not justifiable, this is because federal laws should apply to all the American citizens regardless of the state; hence, ensuring uniformity and fairness and avoiding conflicting laws. Moreover, it makes it easy for the criminal justice system to carry out its duties of enforcing laws. Another reason it is not justifiable is that it makes it difficult for the American citizens understand what laws apply to each state as the consequences of getting it wrong can have extremely drastic legal consequences.

References

Drug Schedules (n.d). Drug Enforcement Administration. Retrieved From: https://www.dea.gov/druginfo/ds.shtml

State Medical Marijuana Laws (2017). National Conference of State Legislatures. Retrieved From: http://www.ncsl.org/research/health/state-medical-marijuana-laws.aspx