Download or read book Medical Marijuana Federal Drug Law and the Constitution s Supremacy Clause written by United States. Congress and published by Createspace Independent Publishing Platform. This book was released on 2018-01-05 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Medical" marijuana, federal drug law, and the constitution's supremacy clause : hearing before the Subcommittee on Criminal Justice, Drug Policy, and Human Resources of the Committee on Government Reform, House of Representatives, One Hundred Seventh Congress, first session, March 27, 2001.
Download or read book Medical Marijuana written by Todd Garvey and published by Createspace Independent Pub. This book was released on 2012-11-18 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt: As part of a larger scheme to regulate drugs and other controlled substances, federal law prohibits the cultivation, distribution, and possession of marijuana. No exception is made for marijuana used in the course of a recommended medical treatment. Indeed, by categorizing marijuana as a Schedule I drug under the Controlled Substances Act (CSA), the federal government has concluded that marijuana has “no currently accepted medical use in treatment in the United States.” Yet 18 states and the District of Columbia have decriminalized medical marijuana by enacting exceptions to their state drug laws that permit individuals to grow, possess, or use marijuana for medicinal purposes. In contrast to the complete federal prohibition, these 19 jurisdictions see medicinal value in marijuana and permit the drug's use under certain circumstances. Although the U.S. Supreme Court has established Congress's constitutional authority to enact the existing federal prohibition on marijuana, principles of federalism prevent the federal government from mandating that the states actively support or participate in enforcing the federal law. While state resources may be helpful in combating the illegal use of marijuana, Congress's ability to compel the states to enact similar criminal prohibitions, to repeal medical marijuana exemptions, or to direct state police officers to enforce the federal law remains limited by the Tenth Amendment. Even if the federal government is prohibited from mandating that the states adopt laws supportive of federal policy, the constitutional doctrine of preemption generally prevents states from enacting laws that are inconsistent with federal law. Under the Supremacy Clause, state laws that conflict with federal law are generally preempted and therefore void. Courts, however, have not viewed the relationship between state and federal marijuana laws in such a manner, nor did Congress intend that the CSA displace all state laws associated with controlled substances. Instead, the relationship between the federal ban on marijuana and state medical marijuana exemptions must be considered in the context of two distinct sovereigns, each enacting separate and independent criminal regimes with separate and independent enforcement mechanisms, in which certain conduct may be prohibited under one sovereign and not the other. Although state and federal marijuana laws may be “logically inconsistent,” a decision not to criminalize—or even to expressly decriminalize—conduct for purposes of the law within one sphere does nothing to alter the legality of that same conduct in the other sphere. This report will review the federal government's constitutional authority to enact the federal criminal prohibition on marijuana; highlight certain principles of federalism that prevent the federal government from mandating that states participate in enforcing the federal prohibition; consider unresolved questions relating to the extent to which state authorization and regulation of medical marijuana are preempted by federal law; and assess what obligations, if any, the U.S. Department of Justice (DOJ) has to investigate and prosecute violations of the federal prohibition on marijuana.
Download or read book Medical Marijuana Federal Drug Law and the Constitution s Supremacy Clause written by United States. Congress. House. Committee on Government Reform. Subcommittee on Criminal Justice, Drug Policy, and Human Resources and published by . This book was released on 2001 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Medical Marijuana Federal Drug Law and the Constitution s Supremacy Clause Scholar s Choice Edition written by United States Congress House of Represen and published by . This book was released on 2015-02-14 with total page 102 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Download or read book Medical Marijuana Federal Drug Law and the Constitution s Supremacy Clause Hearing Before the Subcommittee on Criminal Justice Drug Policy and Human Resources of the Committee on Government Reform House of Representatives One Hundred Seventh Cong written by and published by . This book was released on 2001 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Medical Marijuana Federal Drug Law and the Constitutions s Supremacy Clause Hearing Before the Subcommittee on Criminal Justice Drug Policy and Human Resources of the Committee on Government Reform House of Representatives written by and published by . This book was released on 2001 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Marijuana written by Victor P. Tyson and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The federal Controlled Substances Act (CSA) outlaws the possession, cultivation, or distribution of marijuana except for authorised research. Twenty states have regulatory schemes that allow possession, cultivation, or distribution of marijuana for medicinal purposes. Two have revenue regimes that allow possession, cultivation, or sale generally. The U.S. Constitution's Supremacy Clause preempts any state law that conflicts with federal law. Although there is some division, the majority of state courts have concluded that the federal-state marijuana law conflict does not require preemption of state medical marijuana laws. The legal consequences of a CSA violation, however, remain in place. Nevertheless, current federal criminal enforcement guidelines counsel confining investigations and prosecutions to the most egregious affront to federal interests. This book analyses some legal issues related to marijuana and provides some proposals to resolve the issues. It also discusses federal tax proposals for marijuana.
Download or read book Marijuana Federalism written by Jonathan H. Adler and published by . This book was released on 2020 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: On marijuana, there is no mutual federal-state policy; will this cause federalism to go up in smoke? More than one-half the 50 states have legalized the use of marijuana at least for medical purposes, and about a dozen of those states have gone further, legalizing it for recreational use. Either step would have been almost inconceivable just a couple decades ago. But marijuana remains an illegal "controlled substance" under a 1970 federal law, so those who sell or grow it could still face federal prosecution. How can state and federal laws be in such conflict? And could federal law put the new state laws in jeopardy at some point? This book, an edited volume with contributions by highly regarded legal scholars and policy analysts, is the first detailed examination of these and other questions surrounding a highly unusual conflict between state and federal policies and laws. Marijuana Federalism surveys the constitutional issues that come into play with this conflict, as well as the policy questions related to law enforcement at the federal versus state levels. It also describes specific areas--such as banking regulations--in which federal law has particularly far-reaching effects. Readers will gain a greater understanding of federalism in general, including how the division of authority between the federal and state governments operates in the context of policy and legal disputes between the two levels. This book also will help inform debates as other states consider whether to jump on the bandwagon of marijuana legalization.
Download or read book Marijuana written by Todd Garvey and published by . This book was released on 2015 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This report discusses the federal Controlled Substances Act (CSA) as it pertains to marijuana. The CSA outlaws the possession, cultivation, and distribution of marijuana except for authorized research. More than 20 states have regulatory schemes that allow possession, cultivation, and distribution of marijuana for medicinal purposes. The U.S. Constitution's Supremacy Clause preempts any state law that conflicts with federal law.
Download or read book The Heritage Guide to the Constitution written by David F. Forte and published by Simon and Schuster. This book was released on 2014-09-16 with total page 644 pages. Available in PDF, EPUB and Kindle. Book excerpt: A landmark work of more than one hundred scholars, The Heritage Guide to the Constitution is a unique line-by-line analysis explaining every clause of America's founding charter and its contemporary meaning. In this fully revised second edition, leading scholars in law, history, and public policy offer more than two hundred updated and incisive essays on every clause of the Constitution. From the stirring words of the Preamble to the Twenty-seventh Amendment, you will gain new insights into the ideas that made America, important debates that continue from our Founding, and the Constitution's true meaning for our nation
Download or read book Federal Preemption of State and Local Law written by James T. O'Reilly and published by American Bar Association. This book was released on 2006 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preemption is a doctrine of American constitutional law, under which states and local governments are deprived of their power to act in a given area, whether or not the state or local law, rule or action is in direct conflict with federal law. This book covers not only the basics of preemption but also focuses on such topics as federal mechanisms for agency preemption, implied forms of preemption, and defensive use of federal preemption in civil litigation.
Download or read book Medical Marijuana Federal Drug Law and the Constitution s Supremacy Clause written by United States. Congress. House. Committee on Government Reform. Subcommittee on Criminal Justice, Drug Policy, and Human Resources and published by . This book was released on 2001 with total page 98 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Marijuana Law Policy and Authority written by Robert A. Mikos and published by Aspen Publishing. This book was released on 2017-05-18 with total page 1067 pages. Available in PDF, EPUB and Kindle. Book excerpt: Marijuana Law, Policy, and Authority is a first-of-its-kind law school casebook in a rapidly-emerging and exciting new field. The accessible, comprehensive, and engaging material guides students through the competing approaches to regulating marijuana, the purposes and effects of those approaches, and the legal authorities for choosing among them. The helpful organization intersperses these issues of substantive law, policy, and authority throughout the discussion of users, suppliers, and third parties. Substantive law materials cover either prohibitions or regulations targeting users, suppliers, or third parties. Policy materials cover the goals of marijuana law and policy as well as the research on the impact of different marijuana policies. Authority materials address the different levels of government—federal, state, and local. Notes, questions, and numerous problems in each chapter provide additional thought-provoking material and help to reinforce student learning. Current, news-headlining cases keep the discussion interesting and lively. Key Features: Internationally renowned author Robert Mikos is the premier authority on marijuana law. He draws upon nearly a decade of professional experience teaching, lecturing, consulting, and writing about marijuana law and policy. Three distinct but inter-woven topics are covered: the substantive law governing marijuana; the policy rationales behind and outcomes produced by different approaches to regulating the drug; and the legal authority to regulate the drug. Students are guided through the multi-faceted legal and policy issues now confronting lawyers, lawmakers, judges, and policy analysts working in this emerging field. Written in a style that is familiar to law students, but also accessible to a much broader audience, including graduate and upper level undergraduate students in courses in policy studies, political science, and criminology. Cutting-edge issues are included that are intellectually engaging for students and professors alike—e.g., how are conflicts between state/ federal law resolved? What are the roles of courts and executive officers in terms of policy? Dives deeply into classic legal issues: contract enforceability and powers of court, Congress, and the state. Notes and Questions following cases offer stimulating fodder for discussion.
Download or read book Reefer Madness written by Kayla Jacob and published by . This book was released on 2020 with total page 31 pages. Available in PDF, EPUB and Kindle. Book excerpt: The film 'Reefer Madness'1 propagandized the evil effects of marijuana in the 1930s.2 Nearly 83 years later, marijuana is largely decriminalized, chiefly for medicinal purposes. Less melodramatic than the side effects portrayed in Reefer Madness is the reality of how employment law will be impacted by medicinal marijuana use. Ordinarily, the Americans with Disabilities Act (“ADA”) would sufficiently address employee protections and permissible adverse employment actions, and, where it fails to provide guidance, surely state law would fill the gap. However, the current state of marijuana law presents a bizarre dilemma: how does a local or state jurisdiction regulate a medically and lawfully recommended drug that is outlawed federally? Does marijuana's federal classification as a Schedule I drug permit an employer to claim preemption under the Supremacy Clause of the Constitution to avoid liability for adverse employment actions, such as discrimination, when state law would otherwise permit damages to be awarded? Where does an employee find balance between medical necessity and an organization's business risk associated with medicinal side effects of marijuana? Why is reasonable accommodation even a legal answer for a drug used off site and after work hours? The current answers to these questions are divisive, pitting employer against employee and circuit against circuit. Yet the application of employment law is not at conflict with federal mandates. As this article will argue, the shortcomings of the ADA can therefore be remedied by applying an equitable balancing test to medical marijuana discrimination claims.
Download or read book Marijuana Law written by Carol A. Fichtelman and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: An important legal resource guide to help the researcher navigate the law concerning this rapidly changing area. Primary sources are explored at length, including the federal law controlling marijuana and the federal regulations scheduling it as an illegal drug. Furthermore, US Supreme Court cases are highlighted regarding the recent conflict of federal v. state law whereby jurisdictions such as California have legalized medical marijuana. A state-by-state listing of laws allowing medical marijuana and/or recreational marijuana is explored in detail. The secondary sources, such as websites, blogs, law review articles, are also detailed, allowing the reader, researcher and student to find information on this trending topic of law.--Publisher.
Download or read book State Regulation and the Necessary and Proper Clause written by William Baude and published by . This book was released on 2014 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt: The new marijuana federalism is here, but is it here to stay? In this Article, I address that question by way of two related points, a practical one and a technical one, and I ultimately argue that state regulation should have a bigger role in fixing the limits of federal constitutional power. The practical point is that the current regime of state marijuana legalization is unstable, and it is a miracle that it is working as well as it is. Because marijuana remains contraband at the federal level, businesses and lawmakers who invest in responsible legalization at the state level have no guarantee their investments are safe from the whims of federal law enforcement. Moreover, even if the federal drug laws are not actively enforced in those states, the laws create serious problems for banks, lawyers, and others who might otherwise want to work with the in-state marijuana industry. The technical point is that this instability can be traced to an importantly erroneous footnote in the Supreme Court's decision in Gonzales v. Raich. Footnote 38 claims that state law can never be relevant to the scope of Congress's power under the Commerce Clause or the Necessary and Proper Clause. That conclusion is wrong, is not required by the rest of the Court's enumerated powers jurisprudence, and should be cast aside. The Necessary and Proper Clause should be interpreted to give states a bigger role in determining when the federal drug laws are constitutional. Congress's power to reach purely in-state conduct is premised on the possibility of interstate spillovers. If a state legalizes and regulates a drug in a way that minimizes the risk of spillovers into the interstate black market, the federal drug laws should be forbidden to apply within that state. This both creates a more stable set of incentives for states to responsibly manage local behavior and provides a more satisfactory formal grounding for the executive nonenforcement policy.
Download or read book International Drug Control written by David R. Bewley-Taylor and published by Cambridge University Press. This book was released on 2012-03-22 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first integrated analysis of the causes and effects of diverging views of drug use within the international community.
