
At the beginning of 2020, Virginia became the 27th state in the US to decriminalize or fully legalize the possession of marijuana within its borders. The Democrat Governor Ralph Northam…
Although marijuana may be legal in some states (for both recreation and medical use), there are laws that govern its usage. These are referred to as federal laws. The federal government work is to regulate drugs. This is in accordance with the controlled substances act. In this case, there is no distinction between marijuana that is used for recreational use and one used for medical use. The laws are applied to those who possess, cultivate or distribute huge amounts of marijuana. Marijuana is treated as any other controlled substances such as cocaine and heroin under the federal laws. We will look at some of the laws and how the environment is generally with the enforcement of these laws.
Under the federal laws, marijuana is classified as a schedule 1 drug. This means that it is highly addictive. It also means that it does not contain any medical value. In this case, medics are not allowed to prescribe cannabis under federal laws. However, under the first amendment, they can “recommend” its use. We, therefore, see that these laws are harsh, biased and out of place. Research has shown that marijuana compounds contain a lot of benefits to patients. It even may be the long-awaited cure for cancer.
The federal laws are dire, with individuals caught with marijuana facing harsh prosecutions. This is facilitated by the fact that under these laws, marijuana is an illegal drug. For instance, when taken to a court law after being found with marijuana, you cannot defend yourself by saying that it was for medical purposes.
Luckily, by 2016, guidelines were laid on the use of medical marijuana. These include
There are two types of federal sentencing laws. These are the guidelines under the United States Sentencing Commission and the mandatory sentencing guidelines which are enacted by the Congress. The federal sentencing guidelines take into consideration the amount of weed involved in the arrest as well as the history of the convicted. All convictions under the federal law are eligible for imprisonment. However, not all will require jail terms under the guidelines.
When convicted and sentenced to a jail term, one must serve a minimum of 85%. The amount of weed you are caught with will greatly determine the sentence.
The state laws are more lenient as we see a lot of states legalizing weed both for recreation and medical uses. However, the federal laws consider weed illegal. Hence, under the latter, a patient may be prosecuted if found in possession of marijuana, even if they reside in a state where weed is legalized. This is conflicting as under one side you may not be convicted while on this other side you find you are a criminal. That is ironical.
Efforts should be made to synchronize both state and federal laws. This is to ensure that there does not exist grey areas in matters to do with marijuana. Another thing would be to lobby for the loosening of the federal laws. Marijuana has lots of benefits to its users.
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