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 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 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 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 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 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 The Health Effects of Cannabis and Cannabinoids written by National Academies of Sciences, Engineering, and Medicine and published by National Academies Press. This book was released on 2017-03-31 with total page 487 pages. Available in PDF, EPUB and Kindle. Book excerpt: Significant changes have taken place in the policy landscape surrounding cannabis legalization, production, and use. During the past 20 years, 25 states and the District of Columbia have legalized cannabis and/or cannabidiol (a component of cannabis) for medical conditions or retail sales at the state level and 4 states have legalized both the medical and recreational use of cannabis. These landmark changes in policy have impacted cannabis use patterns and perceived levels of risk. However, despite this changing landscape, evidence regarding the short- and long-term health effects of cannabis use remains elusive. While a myriad of studies have examined cannabis use in all its various forms, often these research conclusions are not appropriately synthesized, translated for, or communicated to policy makers, health care providers, state health officials, or other stakeholders who have been charged with influencing and enacting policies, procedures, and laws related to cannabis use. Unlike other controlled substances such as alcohol or tobacco, no accepted standards for safe use or appropriate dose are available to help guide individuals as they make choices regarding the issues of if, when, where, and how to use cannabis safely and, in regard to therapeutic uses, effectively. Shifting public sentiment, conflicting and impeded scientific research, and legislative battles have fueled the debate about what, if any, harms or benefits can be attributed to the use of cannabis or its derivatives, and this lack of aggregated knowledge has broad public health implications. The Health Effects of Cannabis and Cannabinoids provides a comprehensive review of scientific evidence related to the health effects and potential therapeutic benefits of cannabis. This report provides a research agendaâ€"outlining gaps in current knowledge and opportunities for providing additional insight into these issuesâ€"that summarizes and prioritizes pressing research needs.
Download or read book Marijuana Legalization written by Jonathan Paul Caulkins and published by Oxford University Press. This book was released on 2016 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Marijuana Legalization: What Everyone Needs to Know(R) provides readers with a non-partisan primer covering everything from the risks and benefits of using marijuana to what is happening with marijuana laws around the world. This book serves as the price of admission for any serious discussion about marijuana legalization.
Download or read book Redefining Federalism written by Douglas T. Kendall and published by Environmental Law Institute. This book was released on 2004 with total page 175 pages. Available in PDF, EPUB and Kindle. Book excerpt: If federalism is about protecting the states, why not listen to them? In the last decade, the Supreme Court has reworked significant areas of constitutional law with the professed purpose of protecting the dignity and authority of the states, while frequently disregarding the states'' views as to what federalism is all about. The Court, according to the states, is protecting federalism too much and too little. Too much, in striking down federal law where even the states recognize that a federal role is necessary to address a national problem. Too little, in inappropriately limiting state experimentation. By listening more carefully to the States, the Supreme Court could transform its federalism jurisprudence from a source of criticism and polarization to a doctrine that should win broad support from across the political spectrum. In this important book, six distinguished authors redefine federalism and reaffirm Justice Louis Brandeis's vision of states and localities as the laboratories of democracy.
Download or read book The President and Immigration Law written by Adam B. Cox and published by Oxford University Press. This book was released on 2020-08-04 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who controls American immigration policy? The biggest immigration controversies of the last decade have all involved policies produced by the President policies such as President Obama's decision to protect Dreamers from deportation and President Trump's proclamation banning immigrants from several majority-Muslim nations. While critics of these policies have been separated by a vast ideological chasm, their broadsides have embodied the same widely shared belief: that Congress, not the President, ought to dictate who may come to the United States and who will be forced to leave. This belief is a myth. In The President and Immigration Law, Adam B. Cox and Cristina M. Rodríguez chronicle the untold story of how, over the course of two centuries, the President became our immigration policymaker-in-chief. Diving deep into the history of American immigration policy from founding-era disputes over deporting sympathizers with France to contemporary debates about asylum-seekers at the Southern border they show how migration crises, real or imagined, have empowered presidents. Far more importantly, they also uncover how the Executive's ordinary power to decide when to enforce the law, and against whom, has become an extraordinarily powerful vehicle for making immigration policy. This pathbreaking account helps us understand how the United States ?has come to run an enormous shadow immigration system-one in which nearly half of all noncitizens in the country are living in violation of the law. It also provides a blueprint for reform, one that accepts rather than laments the role the President plays in shaping the national community, while also outlining strategies to curb the abuse of law enforcement authority in immigration and beyond.
Download or read book Federalism and the Tug of War Within written by Erin Ryan and published by Oxford University Press, USA. This book was released on 2011 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: As environmental, national security, and technological challenges push American law into ever more inter-jurisdictional territory, this book proposes a model of 'Balanced Federalism' that mediates between competing federalism values and provides greater guidance for regulatory decision-making.
Download or read book The Right to Privacy written by Louis Dembitz Brandeis and published by Good Press. This book was released on 2023-09-17 with total page 43 pages. Available in PDF, EPUB and Kindle. Book excerpt: At the heart of 'The Right to Privacy' lies an exploration of the increasingly blurred line between the private and the public, a theme that resonates as much today as at its inception. This collection, curated with a keen eye for diversity in perspective and style, traverses the complex landscape of privacy rights in the modern world. The anthology stands out for its rigorous examination of the legal, ethical, and societal dimensions of privacy, weaving together landmark cases, pivotal essays, and critical analyses to offer a multifaceted view of privacy's evolving definition and its implications. The inclusion of foundational works such as the seminal essay by Louis Brandeis and Samuel D. Warren highlights the depth and historical significance of the discourse presented. The editors and contributors, hailing from a broad spectrum of backgrounds in law, ethics, and technology, collectively underscore the anthology's thematic coherence. Their disparate vantage points, rooted in different eras and engaging with varying aspects of privacy, illuminate the rich tapestry of legal thought and ethical considerations. This convergence of historical and contemporary views underlines the collection's alignment with significant cultural and legal shifts, reflecting society's ongoing struggle to balance personal privacy with public interest. 'The Right to Privacy' is indispensable for readers seeking to navigate the intricate and often contentious terrain of privacy rights. It promises an enlightening journey through the kaleidoscope of opinions and analyses, offering valuable insights and fostering a deeper understanding of what it means to protect personal boundaries in an increasingly open world. This anthology is a must-read for anyone invested in the pivotal debates surrounding privacy, beckoning with the allure of a comprehensive and nuanced exploration of one of the most pressing issues of our time.
Download or read book Marijuana and the Cannabinoids written by Mahmoud A. ElSohly and published by Springer Science & Business Media. This book was released on 2007-11-15 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although primarily used today as one of the most prevalent illicit leisure drugs, the use of Cannabis sativa L., commonly referred to as marijuana, for medicinal purposes has been reported for more than 5000 years. Marijuana use has been shown to create numerous health problems, and, consequently, the expanding use beyond medical purposes into recreational use (abuse) resulted in control of the drug through international treaties. Much research has been carried out over the past few decades following the identification of the chemical structure of THC in 1964. The purpose of Marijuana and the Cannabinoids is to present in a single volume the comprehensive knowledge and experience of renowned researchers and scientists. Each chapter is written independently by an expert in his/her field of endeavor, ranging from the botany, the constituents, the chemistry and pharmacokinetics, the effects and consequences of illicit use on the human body, to the therapeutic potential of the cannabinoids.
Download or read book Marijuana and Medicine written by Institute of Medicine and published by National Academies Press. This book was released on 1999-07-10 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The medical use of marijuana is surrounded by a cloud of social, political, and religious controversy, which obscures the facts that should be considered in the debate. This book summarizes what we know about marijuana from evidence-based medicineâ€"the harm it may do and the relief it may bring to patients. The book helps the reader understand not only what science has to say about medical marijuana but also the logic behind the scientific conclusions. Marijuana and Medicine addresses the science base and the therapeutic effects of marijuana use for medical conditions such as glaucoma and multiple sclerosis. It covers marijuana's mechanism of action, acute and chronic effects on health and behavior, potential adverse effects, efficacy of different delivery systems, analysis of the data about marijuana as a gateway drug, and the prospects for developing cannabinoid drugs. The book evaluates how well marijuana meets accepted standards for medicine and considers the conclusions of other blue-ribbon panels. Full of useful facts, this volume will be important to anyone interested in informed debate about the medical use of marijuana: advocates and opponents as well as policymakers, regulators, and health care providers.
