The marijuana debate has in recent times taken the world by storm, prompting many governments to engage policymakers to reconsider the marijuana laws. In the United States of America, laws to prohibit the use and consumption of marijuana were enacted in the 1970s. The Controlled Substances Act passed by Congress made marijuana a Schedule 1 classified drug.
Any substance classified under Schedule 1 means that it has a great potential of being abused, lacks a medically proven use, and its safety cannot be established. This means that if you are found in possession, use, or cultivation of any Schedule 1 classified products, then you will be prosecuted under federal laws.
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The prosecution will be despite the numerous scientific studies that have shown the therapeutic benefits of using marijuana to treat chronic conditions. Fortunately, these studies have initiated a global conversation and campaign on the need to reconsider laws prohibiting the use of marijuana.
With many Americans supporting the marijuana federal legalization, many US states have responded by repealing the laws banning marijuana usage. Although a growing number of US states have made significant steps in marijuana legalization, the federal government still considers marijuana an illegal substance.
Do you want to know more about marijuana federal legalization? Then this article will provide insight on the subject.
The Federal Laws Conflict with State Laws
Marijuana use for medical and recreational purposes is legal in more than 30 states in the United States of America. Recently, five US states passed legislation allowing the consumption of marijuana for recreation or fun and medical. These include:
- New Mexico
- New Jersey
- New York
While marijuana federal legalization has not materialized as federal law continues to recognize marijuana as an illegal drug, states have devised a clever way around the ban. Some states have decriminalized the usage of small portions of marijuana for medical use.
As a result of the conflicting laws, residents of marijuana legalized states may find themselves violating the federal regulations while ironically/paradoxically complying with their respective state laws. Surely this creates confusion on marijuana federal legalization.
What happens when there are conflicting laws between the state and the federal?
In scenarios where marijuana federal legalization laws and state laws conflict, the US constitution stipulates that the federal law stands. Through the provisions of the Supremacy Clause provided for in the US constitution under Article VI clause 2, citizens must abide by the federal law.
The Tenth Amendment of the US Constitution
In many governments across the world, the police are the law enforcers. In the United States, the provisions of the Tenth Amendment state that police powers and functions are delegated to the states. Therefore, the effect of this provision is that state governments can prohibit the arrest of persons who take marijuana for medical purposes when the federal government tries to arrest such citizens.
Enforcement of federal marijuana laws
Many enforcement measures on persons found in possession of marijuana either for sale or consumption have been made depending on the administration’s administration. For example, during Obama’s administration (2013), the Department of Justice stated that it would not violate the state regulations controlling the cannabis operations.
However, the Trump administration’s Department of Justice stated that whenever federal law and state collided in matters regarding marijuana, federal prosecutors could pursue the federal lawbreakers. Marijuana federal legalization has therefore been a challenge to implement despite the potential therapeutic benefits attributed to cannabis.
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Efforts in Marijuana Federal Legalization Underway
The Marijuana Opportunity Reinvestment and Expungement Act (MORE) is a federal weed legalization 2021 bill reintroduced on the floor of the US House of Representatives to declassify marijuana in the Schedule 1 category.
Jerry Nadler- Chairman of the House Judiciary Committee, first introduced the bill in December 2020, where the House of Representatives overwhelmingly passed it. However, the bill suffered a blow in the Senate which made it impossible for it to be passed.
If the MORE Act passes, then marijuana will be removed from the Schedule 1 category and become decriminalized by federal law. This will be a significant cannabis legalization federal law that may open doors for the growth of the marijuana industry in the US.
The Secure and Fair Enforcement Banking Act
Also known as the SAFE Banking Act, 2021 is another marijuana federal legalization bill that seeks to give banks the go-ahead to provide banking services to marijuana clients in legalized states without fear. The bill was originally introduced in 2019 but suffered a blow in the Senate, making it impossible to become a law.
The proposed SAFE Banking ACT 2021 is already a popular bill, as shown by the almost unanimous approval by the House of Representatives. If Senate will votes in its favor, it will become the law, allowing financial institutions to transact without fear of penalties emanating from the federal government.
Amazon Supports Marijuana Federal Legalization
One of the largest businesses in the US, Amazon, announced that it supports the marijuana legalization bill federal proposal tabled in the US Senate and House of Representatives in 2021. Through its Chief Executive Officer, the company urged legislators to swiftly pass the Marijuana Opportunity Reinvestment and Expungement (MORE) Act.
The Amazon drug policy has also been amended to align with the marijuana legalization steps being implemented across US states. Under the new policy, potential employees will not be subjected to marijuana tests. The company’s CEO stated that marijuana will be treated like alcohol so that those who test positive for marijuana can be given equal employment opportunities.
The federal government has not yet passed the laws to declassify marijuana from Schedule 1 substances. Therefore, if you want to consume medical marijuana and its products, then you should be domiciled in a legalized state. Marijuana legalized federal bills, once passed, will pave the way for the decriminalization of marijuana which will pave the way for cannabis businesses to thrive.
Persons eligible for medical marijuana must have obtained a medical marijuana card to enable them to buy marijuana. This means that you should be living in states where marijuana is legal and obtain the cards from only accredited dispensaries.
Medical cannabis cards are essential since you can get marijuana services in a fast and efficient manner.
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If you are searching for an accredited institution to help you acquire medical marijuana, then MMJ Doctors should be your go-to. At MMJ Doctor, we have a team of licensed and experienced medical practitioners who will assess your eligibility to get a medical marijuana card.
You can schedule an online appointment or physically visit our clinics. Through the marijuana card, you can legally acquire medical marijuana for your chronic pain or your ailments.