Chapter 13 highlights a number of different issues, but I decided to focus on the legalization of marijuana since it was the focus of this week's discussion question. An article I found titled Medical Marijuana Policy in the United States helps to explain the history involved with the legalization of marijuana for medical use and the enforcement of laws surrounding marijuana.
The prescription of marijuana for medical use was legal until 1970. The federal government then passed the Comprehensive Drug Abuse Prevention and Control Act, which is now known as the Federal Controlled Substance Act. This law classified controlled substances into five “schedules”. Marijuana was categorized as a Schedule I controlled substance, meaning that it was now illegal for physicians to prescribe the drug to their patients.
After much fight, medical marijuana is now legalized or in process in 17 states. These laws were passed on a state-by-state basis so laws vary. Because of this, enforcing laws surrounding marijuana can be a challenge, so in 2009, the Department of Justice issued a memorandum to all U.S. Attorneys informing them that prosecuting individuals who use medical marijuana in compliance with state laws should not be a priority. However, federal law enforcement agencies have continued to raid marijuana dispensaries, demonstrating a continuing commitment to enforcing the federal Controlled Substance Act.
I believe that a nationwide law must be set dealing with the issue of legalizing medical marijuana. Because unless the federal government takes steps to reschedule marijuana or legalize it for medical use, or the states which have decriminalized the drug move to reverse these actions, the legality of medical marijuana will be hard to define and enforce.
Lu, Y. Medical marijuana policy in the United States. (2012). HOPES, Retrieved from http://www.stanford.edu/group/hopes/cgi-bin/wordpress/2012/05/medical-marijuana-policy-in-the-united-states/
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