Nobody downloaded yet

Federal vs state law: can states continue to legalize marijuana while it remains illegal under federal law is medical marijuana a loophole - Research Paper Example

Comments (0) Cite this document
Summary
The USA is comprised of fifty separate self-governed states that have their own constitutions, governing authorities and judicial systems. The…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER98.4% of users find it useful
Federal vs state law: can states continue to legalize marijuana while it remains illegal under federal law is medical marijuana a loophole
Read TextPreview

Extract of sample "Federal vs state law: can states continue to legalize marijuana while it remains illegal under federal law is medical marijuana a loophole"

Download file to see previous pages The U.S. federal constitution provides for federalism whereby all the fifty sovereign states form a federation which is the most superior organ. All the statutes of the USA are enshrined in the U.S. Code.
Federal law is established by both congress houses of the federal state of America and has to be signed by the president in order to become law whereas state laws are enacted by legislatures and signed by state governors.
The US federal constitution which is the supreme law of the land provides for the superiority of the federal government. This makes rights enshrined in the constitution superior to state laws that tend to limit those rights. Federal courts will determine cases involving violation of the U.S. constitution by state laws.
The federal and state laws have always operated parallel to each other. Some states in America have legalized the medical use of marijuana despite marijuana being an illegal substance under the federal laws of the USA. This paper takes an analytical approach on whether the states can continue to legalize marijuana while it remains an illegal substance under federal law.
According to the National Institute on Drug Abuse database marijuana, also termed as cannabis is a product of the hemp plant’s flowers, leaves, stems and seeds which are mixed and ground. Marijuana is a drug commonly used for recreational and medicinal purposes. In recent years the controversy surrounding the use and legality of marijuana has made news headlines in the USA1. Some states have amended their laws to legalize the use of marijuana despite it being listed as an illegal substance under the federal law.
The recreational use of marijuana for adults has been legalized in Oregon, Alaska, Washington and Colorado. (Merica 2014). This means that possessing, using, cultivating and selling marijuana is no longer a criminal offense in the above ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Federal vs state law: can states continue to legalize marijuana while Research Paper”, n.d.)
Federal vs state law: can states continue to legalize marijuana while Research Paper. Retrieved from https://studentshare.org/law/1670215-federal-vs-state-law-can-states-continue-to-legalize-marijuana-while-it-remains-illegal-under-federal-law-is-medical-marijuana-a-loophole
(Federal Vs State Law: Can States Continue to Legalize Marijuana While Research Paper)
Federal Vs State Law: Can States Continue to Legalize Marijuana While Research Paper. https://studentshare.org/law/1670215-federal-vs-state-law-can-states-continue-to-legalize-marijuana-while-it-remains-illegal-under-federal-law-is-medical-marijuana-a-loophole.
“Federal Vs State Law: Can States Continue to Legalize Marijuana While Research Paper”, n.d. https://studentshare.org/law/1670215-federal-vs-state-law-can-states-continue-to-legalize-marijuana-while-it-remains-illegal-under-federal-law-is-medical-marijuana-a-loophole.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Federal vs state law: can states continue to legalize marijuana while it remains illegal under federal law is medical marijuana a loophole

Legalize Marijuana

...would not be taking money away from the business. Marijuana possession and usage is already legal throughout the United States, though not from shore to shore, for medicinal purposes. Fifteen states and the area of Washington D.C. have passed legislation making marijuana a legal substance for medicinal purposes (“Medical Marijuana”). While there are some stipulations, such as in thirteen out of the fifteen states proof of residency is required, and further laws are put into place regarding the growing of marijuana as opposed to simply...
3 Pages(750 words)Essay

Medical marijuana

...of some of the diseases like nausea, vomiting, glaucoma etc. Moreover, marijuana can stimulate hunger among some patients, and it can also be used a pain reliever. However, marijuana has not achieved the status of a medicine yet and still marijuana use is labeled in the category of substance abuse in most of the countries. Roth (2008) has pointed out that “To date, marijuana is still classified as an illegal Schedule 1 drug by the Controlled Substances Act. It is defined as having "no accepted medical use in treatment in the United States" (Roth). On the other hand, critics of...
7 Pages(1750 words)Essay

Medical Marijuana

.... There is also a grey area in terms of the way that people organize their supply of the drug. Most courts penalize any kind of mass production, even for one’s own use, and buying or selling the drug is equally hazardous. Up to six ounces is generally acknowledged as an acceptable amount for a person to own for medical use, but this is not guaranteed by any fixed laws. This legal situation is evolving daily, and it is very difficult for both patients and doctors to know exactly what their rights and responsibilities are. There are major issues of unfairness, when some citizens, depending on their geographical location within America, can access medical...
6 Pages(1500 words)Research Paper

United States Federal Tax Law

...United s Federal Tax Law QUESTION I On January 3, 2009, Kathy and Frank Willow got married and entered into a contract with Hive Construction Corporation to build a house for $3,000,000 to be used as their main home. Kathy and Frank made a $400,000 down payment and took out a $2,600,000 mortgage to finance the remaining cost of the house with Outside Lender. Kathy and Frank are personally liable for the mortgage loan, which is secured by the home. On November 10, 2010, when the outstanding principal balance on the mortgage loan was $2,500,000, the FMV of the property fell to $1,750,000 and Kathy and Frank abandoned the property by permanently moving out. They had made interest payments...
8 Pages(2000 words)Assignment

Argumentation-Persusasion ( Legalize Marijuana)

...and they protest that marijuana should also be made legal (Morgan 2011). The arguments on the legalization of marijuana are quite vast and diverse and cover various aspects encompassing medical, economic, legal and social aspects. In 1937, the Marijuana Tax Act was first signed by President Roosevelt as a federal law and became effective in October. According to the federal state laws, any person in possession of marijuana for the first time has to pay a fine of amount $1,000 along with imprisonment of one year....
2 Pages(500 words)Essay

Should the federal government legalize the use of marijuana

.... This means that those who oppose the legalization of marijuana have to make changes in their own lives through their own efforts, instead of depending on law makers. Another problem that has been created by the spate of legalizations across different states has to do with employment. The possession of marijuana is still illegal in America under federal law. The Controlled Substances Act, however, is somewhat restrained in states which have allowed citizens to be able to take advantage of medical marijuana. These include...
15 Pages(3750 words)Research Paper

Should America legalize marijuana

...fascinating to view that large amount of money spend for preventing the consumption and selling of marijuana goes to drug dealers. This does not help in any way to the economy of country. Government of United States of America creates strict last for the benefit of country. But the reality of creation of cannabis laws is that it does not contribute to the beneficiary of economic growth rate. The benefit of medical marijuana cannot be ignored. It has been predicted by many researcher that legalization of marijuana can benefit the economy of United States of America. Laws...
9 Pages(2250 words)Essay

Federal Legalization of Recreational Marijuana

...Federal Legalization of Recreational Marijuana Marijuana is a very controversial drug that spurs a lot of debate as to whether it should be legalized for recreational purposes or not. Most of the states already have legalized marijuana for medical purposes although the federal government prohibits any use of it. Proponents and opponents to this debate each try to argue their side to show why recreational marijuana should be or should not be legalized but no consensus has been reached due to the complexity of the problem especially...
7 Pages(1750 words)Research Paper

Medical Marijuana

...of the immediate negative effects of the drug include hallucinations, paranoia and restlessness among others. These effects are usually harmful to many users. In addition to the immediate effects, the use of marijuana can have grievous effects on the health and physical state of the user, in the end. For those who use it, they may experience loss of brain cells, chronic bronchitis, apathy, loss of energy, anxiety among other effects (Friese & Grube, 2012). With these opposing sides on the legalization and use of medical marijuana, it is hard to keep the drug banned and legalizing it completely. As of today, only...
3 Pages(750 words)Essay

Federal vs State Law

...such as these, the doctrine of pre-emption rules in favor of the federal government (Lemos 84). Basically, if a federal and state law bring ambiguity, then federal law can supersede the state law. Thus, the relationship will always be strenuous. References Unger, Michael. "After the Supreme Word: The Impact of Van Orden v. Perry and McCreary v. ACLU on Public Opinion" Paper presented at the annual meeting of the The Midwest Political Science Association, Palmer House Hilton, Chicago, Illinois, Apr 20, 2006 . 2013-12-17...
2 Pages(500 words)Case Study
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Research Paper on topic Federal vs state law: can states continue to legalize marijuana while it remains illegal under federal law is medical marijuana a loophole for FREE!

Contact Us