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Medical Marijuana and Federalism

WE are going over the isue with Legalizing marijuana, in our American Government class.

I wanted to know what people think about this. Does the federal government have the power to overturn a states right to legalize medicinal marijuana? Do citizens, and their doctors have the right to emplay any relief possible when in pain? What do you think?

Tags: marijuana, marijuana decriminalization, medicinal marijuana

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Permalink Reply by John F.J. Sullivan on October 4, 2011 at 9:37am

Good topic for discussion. In my mind, the federal government should not have the power to overturn a state's law or practice vis-a-vis marijuana, but the federal government clearly thinks otherwise. By declaring a "war on drugs" the feds seem to view things like the opening of marijuana dispensaries as an act of insurrection, and treats it as such, sending troops (in this case, the DEA) to quell the uprising.

Perhaps that's a little hyperbolic, but it's tough to see any other justification for the federal government's decision to enforce what's pretty much the opposite of state law.

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Permalink Reply by Donna J Kath on October 5, 2011 at 2:50pm

Thank You. I agree with you'r thoughts. In our class American Government we have been discussing this isue alot in debate Pro - Con type thing. I also think in my opinion that it should be up to the Person, IE: You, and Me, and everyone else.. and (or) Their Doctor; not the federal government! And as far as the war on drung, wow is all that comes to mind in my view. If the federal government legalized marijuana it could be despenced like ciggarettes, or how ever, hello they can tax it! Not only that but war on drugs would decresse in some areas of the country, and alot of prison systems that I know dont reform you, Proven Fact, would free up thus helping the amount of over crouded prisons, and county jails. I dont know just my opion.

John F.J. Sullivan said:

Good topic for discussion. In my mind, the federal government should not have the power to overturn a state's law or practice vis-a-vis marijuana, but the federal government clearly thinks otherwise. By declaring a "war on drugs" the feds seem to view things like the opening of marijuana dispensaries as an act of insurrection, and treats it as such, sending troops (in this case, the DEA) to quell the uprising.

Perhaps that's a little hyperbolic, but it's tough to see any other justification for the federal government's decision to enforce what's pretty much the opposite of state law.

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Permalink Reply by LFDA Editor on October 7, 2011 at 12:47pm

Consider this, from presidential candidate Gov. Gary Johnson, one of two libertarians in the GOP field. This is by no means an endorsement of his candidacy; rather, we just received this press release moments ago and it relates to the foregoing discussion:

October 7, 2011, Santa Fe, NM -- Responding to an announced Department of Justice "crackdown" on California medical marijuana dispensaries, former New Mexico Governor and presidential candidate Gary Johnson today warned that Americans who believe in states rights should be "extremely disturbed" by what he calls an "assault" on businesses operating legally under state law. (More info at link below.)

http://www.garyjohnson2012.com/gary-johnson-on-fed-crackdown-on-med...