Reference no: EM13793677

Knowledge Paper on Federalism: Federal versus States

Marijuana (cannabis) is federally illegal to grow, sell, buy, or posses. However, since 1996, about twenty states including the District of Colombia have enacted laws that effectively allow patients to use medical marijuana despite federal law. These laws were enacted through ballot initiatives in states like Alaska, California, Colorado, Maine, Nevada, Oregon, and Washington. These state laws basically remove criminal penalties for patients who use, posses, and grow medical marijuana with their doctors' approval. In fact, four states-Oregon, Alaska, Colorado and Washington including the District of Columbia - have laws now that allow recreational use of marijuana.

Despite marijuana's widely recognized therapeutic value, the medical use of marijuana remains a criminal offense under federal law. Nevertheless, favorable medical marijuana laws have been enacted in 35 states since 1978. Most of the favorable state laws are ineffectual, due to the federal government's overarching prohibition. Federal marijuana penalties are up to a year in prison for as little as one marijuana cigarette, and up to five years for growing even one plant.

On October, 25, 2001, thirty Drug Enforcement Administration agents raided the Los Angeles Cannabis Resource Center and shut down its operations. The center had opened five years earlier, after California voters approved medical marijuana to alleviate the pain and nausea associated with AIDS, cancer, other diseases. There have been similar conflicts over states and federal laws in the past.

Question:

Based on what you know about the U.S. Constitution and how federalism works, was this raid legal? Which law should preempt the other, and why? In your opinion, what should be done to avoid this type of conflict between states and federal government I the future? Should marijuana be legalized for medical reasons?

In you analysis, be free to use any resource available to justify your answer, so long as they are cited and referenced accordingly. Please, avoid plagiarizing as any plagiarized work will be punished. Your analysis MUST focus on the constitutional/federalism issues raised here, in an essays format (either MLA or APA style), typed in 12 point, and at least 800 words.