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Marijuan Debate

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Marijuana Debate

SOC 331

Cari Lynn Beecham-Bautista

September 14, 2015

State vs. Federal Marijuana Legalization
Marijuana usage in the United States is a controversial subject that tests the very fiber of the U.S. Constitution. The debate centers about the argument of each states rights under the 10th Amendment of the Constitution. Although many states have legalized marijuana for medical and recreational usage it is still against federal laws. The nation’s capital and eighteen states have legalized medical marijuana use and two states have legalized recreational use. Widespread acceptance in favor of legalization is rapidly spreading. This paper will discuss three different scenarios where marijuana usage in states and the federal government’s stance are in conflict, through the lens of retributive, commutative and distributive justice.
The first scenario that will be analyzed is a person who lives in a state that legalized medical marijuana growth, distribution and use in small quantities. To shed some light on this scenario a real world scenario will be described and analyzed. In March of 2015 a family in Washington State went on trial after being arrested by the DEA for the growth distribution and use of marijuana. The family argued that they were using the marijuana within the confines of legalized standards for an elderly man who was cancer stricken and his wife who had arthritis (Hughes, 2015). The federal government on the other hand argued the family were part of a drug trafficking ring. The family had 68 plants on Mr. Kettle’s property where Washington’s laws mandates that no one individual can have more than 15 plants or no more than 45 plants for group growers (Hughes, 2015). Under retributive justice which focus on the punishment of breaking rules or laws (Dreisbach, 2013), it seems as the federal government was justly upholding the

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