Topic
Marijuana Legislation
Level
Ph.D.
Pages
3
Words
1724
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Medical Marijuana for Pain and Depression Essay

Marijuana is typically viewed as a blend of sliced as well as dried leaves of a hemp plant named Cannabis sativa. It has been apparently observed that marijuana is being treated like other controlled substances such as cocaine under different legislations of various nations. Conversely, it has also been viewed that marijuana is used for various medical purposes. It is regarded as one of the advantageous as well as therapeutically dynamic substances, which has been used by the medical practitioners for number of years. This particular substance can lessen broad assortment of diseases such as glaucoma, epilepsy, depression and multiple sclerosis among others. Contextually, the use of marijuana has confronted with various significant issues owing to the reason of the infringement of federal law in different countries.

Thesis Statement

In this paper, the legal issues concerning whether or not the existing medicinal marijuana program in California violates the federal law of the nation and the power of the federal government towards limiting the passage of laws linked with medical marijuana would be addressed. Moreover, the issue relating to the lawful right of raiding medicinal marijuana providers by the officials of law enforcement belonging to any state will also be addressed in this paper.

Analysis or Discussion

California has been viewed to be one of the states, which is certified towards using marijuana especially for medicinal purposes. In relation to analyze the legal issue concerning whether or not the violation of California‚Äôs current program relating to medical marijuana violates federal law, it has been viewed that the California voters enthusiastically passed the ‚ÄėCompassionate Use Act‚Äô in order to legalize the substance i.e. marijuana particularly for medical purposes in the year 1996. It has been apparently observed in this context that California has been a foremost leader in adopting marijuana legally.Before the year 1996, California prohibited the sale as well as the possession of marijuana but the state once again started to endorse in making limited drug usage for medical reasons only with the commencement of the aforementioned Act. The state considered this approach for the motive of delivering useful drugs to the patients at the time of any urgency. The Act was mainly established in order to persuade both state along with federal governments for adopting as well as implementing deliberate steps towards ensuring secure and sensible drug allocation to the patients in necessity.

There are various reasons for introducing the ‚ÄėCompassionate Use Act of 1996‚Äô in California. In this similar concern, the different purposes of the Act encompass ensuring that every seriously ill individual of California possesses the right to acquire as well as use marijuana especially for medical reasons and fostering both federal as well as state government towards utilizing a plan for delivering effective allocation of marijuana to all patients in need. With regard to analyze the legal issue concerning whether California‚Äôs current medical marijuana program violates federal law, it has been apparently observed that federal law forbids the production, allocation as well as possession of marijuana by a significant level. In this regard, no exclusion has been facilitated by the federal law for using marijuana for medical purposes. The federal law strongly possesses the viewpoint that the substance i.e. marijuana is extremely addictive and most importantly does not bear any medicinal value. This critical standpoint of the federal government against marijuana may cause the medical practitioners to not recommend marijuana to be used for medical reasons under the provision of federal law. The federal laws concerning the use of marijuana have been identified to be quite serious and to be depicting severe punishment to those individuals who broadly engage in the production or the allocation of marijuana. This is owing to the reason that the federal government treats marijuana similar to other illegal as well as dangerous substances such as cocaine and holds a supposition that it does not possess a medicinal value. The federal law holding the aforesaid perceptions regarding marijuana is applied throughout California making the ‚ÄėCompassionate Use Act of 1996‚Äô quite insignificant. Thus, on the basis of the above discussion, it can be affirmed that California‚Äôs current program relating to medicinal marijuana might violate federal law by a certain extent.

In order to determine another issue concerning the role of federal government in limiting the passage of medical marijuana laws by the states, it has been viewed that the federal government holds a legitimate power by which the government can take significant steps against the prevalence of any laws linked with medical marijuana. In this connection, the perception of ‚Äėcommercial clause‚Äô is regarded as the dynamic power of the federal government through which the government can adopt as well as implement certain major legal steps. The aspect of ‚Äėcommercial clause‚Äô supports the federal government in governing various direct as well as circumlocutory effects of different underlying intrastate transactions. The federal government periodically uses the notion of ‚ÄėCommercial Clause‚Äô in order to exercise strong legislative power over the actions that are performed by the states along with their citizens.

From the very beginning, it has been apparently observed that the federal government powerfully regulates the legal production, distribution as well as possession of controlled substances. Apart from legally regulating, the federal government has also been noted to strongly restrict the use of listed chemicals along with controlling substances by adopting as well as implementing effective policies or guiding principles. According to the viewpoints of the federal government, the procedure concerning the creation, allocation as well as possession of the substance i.e. marijuana is regarded as a federal crime. This is owing to the reason that marijuana is considered to be extremely addictive and most significantly does not bear medicinal value. In order to determine the power of the federal government about limiting the passage of medical marijuana laws by states, it has been observed that the federal government considers certain important aspects. These aspects comprise federal statutes, ratified treaties and federal regulations. These imperative aspects ultimately support the federal government to possess supreme power in controlling any sort of activities that are performed by different states. One of the foremost reasons for the federal government to limit the passage of medical marijuana laws that are introduced by different states is that the government possesses the constitutional authority to prohibit the use of marijuana for all functions. The other decisive reason for the federal government to limit the passage of medical marijuana laws that are introduced by different states is the factor of trust. It is in this context that the federal government has been entrusted towards exercising strong police power for offering significant benefits to the citizens of the states. Due to this legitimate or constitutional power, the federal government might play a vital role in curbing various illegal conducts such as the production as well as the distribution of marijuana along with limiting the passage of medical marijuana laws that are introduced by different states by a greater degree6.

Thus, on the basis of the above discussion, it can broadly be affirmed that the federal government possesses a strong as well as a supreme legitimate power or authority towards limiting the passage of medical marijuana laws that are introduced by different states.

In order to address the issue concerning the raiding the providers linked with medicinal marijuana, the dissimilarities or the diverse viewpoints particularly of state and federal governments regarding the perception of marijuana can be taken into concern. From the viewpoint of federal government, it has been recognized that this government considers the production as well as the distribution of marijuana along with the activities of the medicinal marijuana providers to be the acts of federal crime. This is owing to the reason that the federal government strongly treats marijuana as a highly addictive substance alike cocaine and does not possess any sort of medicinal value to the patients in need. It has been apparently observed that the federal government holds both constitutional as well as legitimate power and authority towards forbidding the use of marijuana for all different purposes. Most significantly, the federal government has been entrusted with exercising dynamic police power with the intention of providing significant benefits to the citizens belonging to different states6. Conversely, the state governments have been identified to consider the medical value of marijuana holding the conception that this particular substance would be able to cure various complex diseases by a considerable level. Moreover, the state governments highly favor the passed laws relating to the medical value of marijuana which can be taken into concern. It has been viewed that the state governments desire to take significant initiatives in order to combat against the action of the federal government towards limiting the passage of medical marijuana laws6. Thus, on the basis of the above discussion, it can be stated that it is the enforcement officials associated with federal law who possess the legal right to raid especially the providers of medicinal marijuana.

Conclusion

After acquiring a brief idea about the dissimilar viewpoints of the federal and state governments regarding the laws linked with medicinal marijuana, it can be affirmed that California‚Äôs current program relating to medicinal marijuana can violate federal law by a certain degree. This may be due to the reason of the federal governments‚Äô viewpoints regarding marijuana that this particular substance is extremely addictive and does not possess any medicinal value. For this particular reason, the enforcement officials belonging to federal law possess the legal right to raid the providers of medicinal marijuana. Finally, it can be concluded that the federal government possesses supreme power towards limiting the passage of laws concerning medicinal marijuana due to its emphasis upon the notion of ‚Äėcommercial clause‚Äô.

Works Cited

Disabled World. Medical Marijuana for Pain and Depression, n.d. Web. 19 Feb. 2013.

Gonzales, Attorney General, Et Al. v. Raich Et Al. 545 U.S. 1. Certiorari To The United States Court Of Appeals For The Ninth Circuit. 2005. Print.

Garvey, Todd. Medical Marijuana: The Supremacy Clause, Federalism, and the Interplay Between State and Federal Laws. Congressional Research Service, 2012. Web. 19 Feb. 2013.

NIH. What is Marijuana?, 2010. Web. 19 Feb. 2013.

Oyez, Inc. Facts of the Case, 2011. Web. 19 Feb. 2013.

State of California. Proposed Law, 2013. Web. 19 Feb. 2013.

United States V. Lopez 514 U.S. 549. Certiorari to the United States Court Of Appeals for the Fifth Circuit, 1995. Print.

Wickard v. Filburn. 317 U.S. 111. Supreme Court of United States, 1942. Print.

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Medical Marijuana for Pain and Depression. (March 12, 2021).
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