All drug-related offenses in the United States are handled by the Controlled Substances Act. The Controlled Substances Act does not define any difference between marijuana usage for recreational or medical use. All those within the nation’s borders will be charged with offenses but will vary according to cultivation offenses, possession offenses, and distribution offenses. The severity of an offense will be determined through the amount of marijuana at the time of the charge.
Federal law requires that marijuana offenses be treated equally to cocaine, heroin, or any other controlled substance offenses. Each controlled substance, including marijuana, is classified through the government according to its addictive qualities. Marijuana currently is classified as a Schedule I drug and is thus deemed very addictive and without medical worth.
The Real Prohibition – The Illegality of Marijuana
The prohibition became effective in 1920 through the Eighteenth Amendment, outlawing alcohol within the United States. Prohibition lasted for thirteen (13) years up until the enactment of the Twenty-First Amendment. During this time, the sale of alcohol decreased; however, the consumption of the substance did not. There were black-markets created and “moonshiners” became outlaws. Riots, massacres and crime revolved, in many instances, around the sale or consumption of alcohol. Many individuals were and are still against marihuana. Much of this has to do with the classification of the drug, whereas alcohol has not been legalized for certain individuals. Marihuana use was first outlawed in 1915. The Federal government took its first step to criminalizing or controlling the use of the drug through the Marijuana Tax Act of 1937. The Federal Government later went on to classify and completely outlaw the use, possession and cultivation of the drug by placing it as a banned controlled substance.
Washington and Colorado were the first to legalize the use and possession of the drug statewide, which has created a mass-debate on how other states, municipalities, and law enforcement officials deal with the creation of such legalization laws.
New Movement Toward Marijuana Legalization/Decriminalization
There is a difference between legalization and decriminalization. Legalization allows for now charges to be brought forth because the “act” inflicted or intended by an individual does not violate the law of the state or local municipality. Decriminalization, on the other hand, only hinders the available criminal punishment imposed, meaning that criminal charges are not filed against an individual. Rather, in those areas where marihuana is decriminalized, a civil infraction is generally issued, which in-turn preserves an individual’s criminal record.
In Michigan, for example, there are multiple areas where marijuana is decriminalized and no longer prosecuted through criminal charges; however, it is imperative to know the law in those areas because violation of the sometimes strict requirements will and can lead to criminal charges.
Medical Marijuana Use
Under federal law physician may not “prescribe” the use of marijuana to a patient for medical purposes. However physician may “recommend” that a patient use marijuana for treatment, which is covered under the Constitution’s First Amendment. Because using marijuana is illegal at a federal level, the Drug Enforcement Administration enforces usage regulations for marijuana caregivers and patients. This administration ensures that only certain amounts of marijuana are possessed at one time and only a certain number of mature plants are possessed at one time.
Only seventeen states allow marijuana for medical purposes; however the number of mature plants and the amount an individual may possess depends on state laws. States with medical marijuana laws include Washington, Montana, Arizona, New Mexico, Michigan, Hawaii, Rhode Island, Vermont, and New Jersey. States with decriminalizing marijuana laws include Minnesota, Nebraska, Mississippi, Ohio, North Carolina, New York, and Massachusetts. States that have both medical and decriminalizing laws include Alaska, Oregon, California, Nevada, Colorado, and Maine.
Charges
Violators will be charged with marijuana offenses if amount regulations are broken, despite having a physician’s recommendation. Marijuana offenses can earn fines between one hundred dollars and hundreds of thousands of dollars and imprisonments between a few months and life of prison. Probation, mandatory substance treatment, and community service may also be included in sentencing.
The federal government has determined that marijuana for medical reasons cannot be used as a defense in court. Whenever an individual violates marijuana laws, he or she will be charged, according to federal law, regardless of physician permission. There are currently two forms of sentencing and are based on the 1986 drug bill and the 1987 sentencing commission. These regulations require that prior marijuana offenses be taken into account in a current marijuana offense. Violators will also have their charges increased if sales were to a minor or on school property.
Federal versus State
In 2005 the Supreme Court stated that the federal government does not view marijuana as a medicine. This means that the federal government may arrest an individual even if he or she resides in a legal state and is within his or her amount requirements. This is in conflict with the seventeen states that allow marijuana for medical purposes. However federal law does not require these states to prosecute certified users. The state law versus federal law conflict is currently being resolved by the Food and Drug Administration and Congress.
Marijuana State Laws
Wyoming Marijuana Laws
There are currently no laws in regards to allowing marijuana possession for medical purposes in Wyoming. Though the state of Wyoming has attempted to make marijuana legal for medical necessities,…
Wisconsin Marijuana Laws
The state of Wisconsin does not legally allow marijuana for any purpose, including medical treatment. All those in possession, selling, or cultivation of marijuana will be charged with a fine,…
West Virginia Marijuana Laws
When it comes to growing marijuana, illegal farmers have two options: plant indoors or outdoors. In West Virginia, the majority of the estimated 86,000 pounds of pot that is grown…
Washington Marijuana Laws
In 1998, Washington state residents approved Measure 692 which allowed for the medical use of marijuana. Under this provision, patients who are suffering from illnesses such as AIDS, glaucoma, MS,…
Virginia Marijuana Laws
The state of Virginia currently does not allow marijuana possession or usage for legal medical purposes. Any individual acting under medical advisory will be punished according to state law. Virginia…
Vermont Marijuana Laws
Many states have laws that stand for all marijuana offenders. However Vermont has different laws for those charged on first offenses. Vermont is one of the few states that allows…
Utah Marijuana Laws
In the recent midterm elections, Arizona joined 14 other states in legalizing marijuana for medicinal purposes. Utah marijuana laws still side with the majority of states by prohibiting the medical…
Tennessee Marijuana Laws
In the classic film “Cool Hand Luke,” the prison warden bemoaned the fact that, “Some men you just can’t reach.” He was referring to Luke who never stopped breaking the…
South Dakota Marijuana Laws
Despite current political works, the state of South Dakota does not have any laws legalizing marijuana for medical purposes. This means that all those found in the possession, the cultivation,…
Rhode Island Marijuana Laws
Marijuana Laws in Rhode Island Like most states, Rhode Island has not decriminalized marijuana; however, Rhode Island was the 11th U.S. state to allow the use of marijuana for medicinal…