Recreational Marijuana and How State Laws Interact with Federal Laws - Research Paper Example

Legalization of marijuana for whatever reason sparks debate in that some sections of the society believe that this move can contribute to crime and drug abuse. This subject is of interest to the people in that it has raised controversy and mixed feelings among different people since some view the move as good while others have a negative view. The advocates of legalization of marijuana for recreational purposes argue that it can be used for different social purposes while those against the legalization of the substance argue that it can fuel crime in the society. However, two states, Colorado and Washington have voted to legalize recreational use of marijuana but such as move violates federal law. As such, this paper seeks to critically discuss how the state laws interact with the federal laws in such a situation where recreational marijuana has been legalized. According to Daunt (2014), “there are two basic levels in the U.S legal system: federal law and state law. A federal law applies to the nation as a whole and to all 50 states whereas state laws are only in effect within that particular state.” In case of the issue of rights, it can be seen that the state law is legally entitled to prevail over federal law given that each state has its own jurisdiction and should protect the rights of its citizens. There are various human rights that are basic and these are protected by the state law. The federal law in such a situation cannot supersede the state law. However, Daunt (2014) states that the federal government wins in the case of conflicting legislation. When the state law contradicts with the federal law, then the federal law prevails. Striepe (2015) also suggest that the Supremacy Clause which is part of article VI of the US constitution is applicable to situations where the state laws and federal laws may contradict. This is also known as the doctrine of pre-emption which aptly states that the government wins in the situation involving conflicting legislation. When one is in a state, then state law can be followed in the event of this contradiction. However, the federal government has the supremacy to follow the individuals who may have violated certain sections of the constitution. The Supremacy Clause entails that state laws cannot supersede the constitutional rights afforded all U.S. citizens under federal law (US Corporate Services Inc, 2013). There is no state law can reduce the rights of the citizens that are enshrined in the US constitution. However, it can be seen that the constitution is the supreme law of the land in the country. Its provisions cannot be superseded by other state laws since this would be violation of the law. In this case, focus is on the aspect of recreational marijuana. This entails that marijuana can be used by any person who feels like smoking the drug for personal reasons such as pleasure just like the way people use tobacco and other alcoholic substances. According to The Colorado Pot Guide (2015), any adult person who is 21 years of age or older can now legally possess one ounce of marijuana in Colorado after the passing of legislation legalizing the use of the drug. People can now enjoy different types of concentrated and edible forms of marijuana when they are in this place where it is legalized. The other reason why marijuana has been legalized in the two states mentioned above is that if carefully implemented, this will help generate money through taxes and this money can be used for other developmental purposes. Striepe (2015) has argued that the federal government should not waste money pursuing cases about people who legally use marijuana since they would be contributing towards the revenue collected by the state. Marijuana in this case is treated like any other commodity that belongs to this category such as alcohol or the sale of cigarettes. These commodities are legalized and their sale significantly contributes to the revenue base through taxes paid. This aspect of legalization of marijuana should be viewed from the other perspective since it can be of use to the state. The other issue is that the people who support the legalization of marijuana argue that this move is also meant to improve the freedom of choice of different products and commodities by different individuals. Marijuana is seen as a commodity that has different uses among people from various walks of lives in different states. Some people are of the view that marijuana has different religious connotations and it plays a special purpose in their lives. Others also believe that the weed can also be used for different social purposes and the citizens should not be denied the right to have freedom of choice with regards to the commodities they may need to use in as far as these fulfill their social needs and aspirations. In other words, legalization of marijuana is seen as an extension of human rights in different states. In as far as state law is concerned, it can be argued that this human right of allowing individuals to use marijuana should be protected by the law. Indeed, at state law, there is nothing wrong with the use of legalized marijuana. However, in case of recreational marijuana, it can be noted that it falls under the Controlled Substances Act at Federal law and the “weed” is classified as Schedule I substance (Daunt, 2014). This Act makes it an offense under federal law to distribute marijuana for recreational purposes. The main argument is that this substance has high potential for dependency and it can impact on the behaviour of the people in different ways in the long run. For instance, it can cause different individuals to resort to crime under the influence of this mild substance. This can be illustrated by the case of Gerald Duval who has been granted permission to farm medical marijuana in Michigan and was protected under state law. However, he broke the federal law and is supposed to be imprisoned for that. Marijuana is seen as a substance that can lead to dependency hence the need to control it though some people view it as something that is not a real threat to state security. In view of the Act above, it can also be argued that marijuana is regarded as a mild drug and it is unlike other core drugs such as cocaine and mandrax. For that reason, it should be legalized in different states. By virtue of legalizing marijuana, this means that the people who want to use it can now access it through legal means. It is a known fact that marijuana is used for different recreational purposes by different people. Therefore, it would be a good thing to legalize this commodity since this will help to control the flow of the commodity and its use. In most cases, the use of marijuana can go viral if it is prohibited by law. Since it is known that it is used by different people, then the argument may be that the very same individuals should be allowed to use the stuff in as far as they do not violate other people’s rights after the consumption of the drug. Some people have a habit of using illegal means to access a product or commodity that is viewed as illegal. It can be seen that in some instances, the legalization of such commodities would help to normalize the way people perceive it. Some people may be tempted to try the commodity because it is prohibited. In other words, it might not be a very big issue if marijuana is legalized. The aspect of legalizing marijuana is controversial in that some people view the exercise as detrimental to the needs of the society. The critics as well as the opponents of the legalization of marijuana have argued that this move will fuel violent crimes as well as an increase in cases involving road accidents. In most cases, people under the influence of drugs often engage in different forms of crime ranging from gangsterism to violent crimes. However, reports have indicated that the legalization of marijuana has not significantly contributed to the commission of violent crimes. According to Rucke (2014), “the FBI’s Uniform Crime Reporting data, the overall crime rate in the state is down 10.1 percent from 2013, while violent crime has decreased by 5.2 percent.” The report has also noted that the number of burglaries at dispensaries has also declined significantly. In other words, this data can be used to dismiss the widely held assertion that the legalization of marijuana can negatively impact on the society. Reports have also indicated that the legalization of marijuana has instead led to an increase in the revenue generated from the taxes collected from its sale. This money is channeled towards the improvement of other services that are meant to uplift the welfare of the people. Over and above, it can be noted that the issue of legalization of recreational marijuana is controversial in that it contradicts the state and federal laws. As discussed above, state law prevails in a particular state while federal law supersedes state law in the event that there has been a conflict between these two laws. As discussed above, two states, Colorado and Washington have legalized marijuana but the controversy arises in that federal law view the move as illegal. Indeed, the federal law should prevail as a result of the fact that it supersedes all state laws. However, it remains to be seen if the federal government can relax the laws towards the legalization of marijuana since there are reports indicating positive benefits that can be derived from implementing the strategy. Those people who support the initiative have argued that it actually helps generate revenue through taxes and this money can be channeled towards other developmental issues in the state. In other words, legalization of marijuana is viewed as having little impact on the society. The other issue that has been raised is that people may be forced to access marijuana through other illegal means if it is not legalized. Recreational marijuana is also seen as a move that is meant to extend the arm of human rights among different citizens in various states. Human beings are rational and they should be given the autonomy to make choices in their lives. Therefore, legalization of marijuana is seen as a positive development. References Daunt, L. (Updated Marh 30, 2014). “State vs. Federal Law: Who Really Holds the Trump Card?” Retrieved from: http://www.huffingtonpost.com/lesley-daunt/state-vs-federal-law-who-_b_4676579.html Striepe, B. (2015). “What happens when a state law contradicts a U.S. federal law?” Retrieved from: http://people.howstuffworks.com/state-law-contradicts-federal-law.htm The Colorado Pot Guide (2015) “Marijuana laws in Colorado.” Retrieved from: https://www.coloradopotguide.com/marijuana-laws-in-colorado/ US Corporate Services Inc. (2013). “Understanding State Laws versus Federal Laws.” Retrieved from: http://www.usa-corporate.com/setting-up-a-us-company-as-a-non-us-resident/understanding-state-laws-versus-federal-laws/ Rucke K. (2014). Six Months In, How Has Marijuana Legalization Treated Colorado?Opponents warned of increases in crime, car accidents, and drops in tourism, but a report reveals Colorado’s mostly flying high with recreational use. Retrieved from: http://www.mintpressnews.com/six-months-marijuana-legalization-treated-colorado/193172/ Read More