Reference no: EM133362174
Marijuana
The use, sale, and possession of marijuana (defined by United States federal law as cannabis over 0.3% THC) is illegal under federal law. As a Schedule I drug under the federal Controlled Substances Act of 1970 Links to an external site., marijuana is considered by the federal government to have "no accepted medical use" and have a high potential for abuse and physical or psychological dependence Links to an external site.. Cannabis use, possession, cultivation, manufacture and distribution is illegal under federal law for any reason, with the exception of FDA-approved research programs.
However, several states have enacted legislation permitting the use of marijuana without it being a crime under their respective state laws. In these states marijuana use has either been decriminalized (it's not a crime it is an infraction. like a restaurant health code violation. You may pay a fine but you can't go to jail). Or marijuana use has been outright legalized either for medical use or even recreational use.
Several of these states, including California's attorney general, have taken the position that since marijuana use is not a crime under state law, state law enforcement officers 1) will not arrest someone for simple marijuana use and 2) while they will not interfere with federal efforts to enforce federal marijuana laws, they will not assist federal law enforcement agencies in those efforts.
In fact, under California law it is not a crime 1) to possess or use a limited quantity of marijuana for personal recreational use, 2) to cultivate a limited quantity for personal use, or 3) to cultivate, process and/or distribute a greater quantity if you obtain the appropriate license.
Immigration
Determination of whether an individual who has immigrated into the United States may become a United States citizen is one of the enumerated powers assigned to the national government by the Constitution. The United States government has decided that in order to become a citizen of the United States an immigrant into the United States must 1) enter the United States in a prescribed manner, and 2) meet certain other requirements. An individual who enters the United States without meeting these requirements is often referred to as an "undocumented" immigrant.
Nearly a quarter of the nation's undocumented immigrants reside in California, where they constitute more than 6% of the state's population. It is estimated that California is presently home to nearly 3 million undocumented immigrants, Links to an external site.with approximately 66% of undocumented immigrants having lived in California for 10 or more years Links to an external site..
Is California's policy regarding the use, cultivation, processing and distribution of marijuana permitted under the Supremacy Clause of the United States Constitution? Explain
What if California decides that undocumented immigrants are so beneficial to the state economy that it is in California's best interests to create a state law granting California citizenship to any undocumented immigrant who has resided and been consistently employed in California for 3 straight years. Would this law be permitted under the Supremacy Clause of the United States Constitution? Explain