...William Emker Intro to Criminal Justice Professor Rosen 05/02/2011 Marjuana in the Criminal Justice System Should the use of marijuana for medicinal purposes be legalized? Wouldn’t it be simple to provide a simple black or white answer to this question? Across the nation there is much debate on this very topic, one that I don’t believe can be solved so easily with a yes or no. There are so many activists that have strong opinions on this subject and go to the fullest extent to ensure they are heard. As simple and straightforward as this question is it was hard for me to determine which side of the line I stood on. After reading all of the articles and much research on the issue I find myself leaning toward allowing medicinal marijuana use. By allowing medicinal marijuana use there are going to have to be many precautions taken to ensure that such a non-traditional controversial medicine is not abuse as many people will try to take advantage of the situation. Racism played a key role in the illegalization of marijuana in the early 1900’s. Harry Anslinger, Commissioner of the Federal Bureau of Narcotics, said, “Marijuana is the most violence causing drug in the history of mankind. Most marijuana smokers are Negroes, Hispanics, Filipinos and entertainers. Their satanic music, jazz and swing, result from marijuana usage. This marijuana causes white women to seek sexual relations with Negroes.” (4) He used this sort of propaganda to get a racist America behind his...
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...Federal law prohibits the cultivaton, distribution, and possession of marijunana, even for purported use in the course of a recommended medical treatment. Yet, California established the first state medical marijuana program, enacted by Proposition 215 in 1996 and Senate Bill 420 in 2003, making it legal under State law, to obtain or grow, and use marijuana if recommended by a doctor. As a result, the constitutionality of pro-marijuana legislation and Congress’ power to regulate this sphere have come into question. In light of the recent increase of marijuana related legislation enacted across the country, and for the welfare of North Carolineans, this paper shall address the legal implications of passing similar medical marijuana laws in North Carolina, and why it is legal and beneficial to do so, but legally offers very limited protection for those who choose to participate in marijuana activities should federal powers decide to engage. The first section shall lay down the legal landscape of Federal and State laws regarding marijunana. Federal Law: The Controlled Substances Act (CSA)[i] establishes a statutory framework through which the federal government regulates the supply chain of controlled substances. Marijuana is listed as a Schedule I controlled substance, which is deem to have high potential for abuse and no accepted medical use.[ii] Therefore the cultivation, distribution or possession of marijuana is a federal crime. The act also served as a national implementating...
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