Sessions Out. Marijuana Stocks Up.
Following the 2018 midterm election, 33 states have legalized medical marijuana, and 10 have legalized recreational marijuana — including California. According to the Pew Research Center, 62% of Americans support the legalization, which has grown from 30% in 2010. Although the American public seems more supportive of medical and recreational marijuana, the federal government regulates marijuana like other controlled substances under the Controlled Substance Act of 1970. Under this act, possession, cultivation, or distribution is illegal, and there are controversial mandatory minimums. In the Supreme Court case Gonzales v. Raich (2005), the court ruled that the federal government has the constitutional authority to prohibit marijuana for all purposes. Attorney General Jeff Sessions was a staunch opponent of marijuana usage and stated, “Good people don’t smoke marijuana.” Session reversed Obama’s policy of shortening prisoning sentences of federal inmates who violated the Controlled Substance Act. Matthew Whitaker, the new attorney general, doesn’t have an anti-marijuana history, unlike his predecessor. Marijuana company stocks like Tilray(up 30%), Aurora Cannabis(up 9%), and Alternate Harvest Marijuana all made gains on the stock market.
Discussions Questions
- Should the federal government or state government regulate controlled substances?
- Are mandatory minimums useful in preventing drug offenses?
- How should the federal government regulate the booming marijuana market?
- How tough should the Controlled Substance Act of 1970 be enforced by the federal government?
Sources
I think the state governments should be able to regulate controlled substances. Not only is it not an explicit right for Congress and the federal government to regulate substances, but state legislatures are closer to their people and can customize laws to fit their constituents desires. Through voting it is made obvious some states only want to legalize medical marijuana, where as others move to decriminalize and other actions. For now the issue of marijuana still remains in Congress' power. If it is to continue like this, I think the federal government should create an agency to regulate the sale and distribution of marijuana. They should apply working and storing standards much like any other food industry. Currently, one cannot purchase marijuana with a credit card because it is still federally illegal. I think that Congress should allow the purchase with a card, as this can decrease the number of shady deals made.
ReplyDeleteThe United States is way too diverse across each state for the federal government to be able to regulate controlled substances and set standards for everyone everywhere. The states should therefore be allowed to exercise this power themselves and decided what is legal in their borders. I think that mandatory minimums are definitely useful for preventing drug offenses especially for younger users. Serving time has not been proven to lessen the usage of drugs for an individual and Obama tried to reduce the time because it seems like an unproductive and unbeneficial punishment for everyone. Regarding question three, the federal government should allow the marijuana market to boom because it brings economic prosperity to the country. I disagree with Session's statement, "Good people don't smoke marijuana" because it has absolutely no factual basis and demonstrates his clear bias. Marijuana could even be considered as a driving force for modern art and creativity in some circles.
ReplyDeleteThe federal government should control substances, however, marijuana isn't one of them. Personally, I think marijuana should be stricken from the Controlled Substance Act so that the states can have jurisdiction over what they want to do with marijuana. Instead of deeming it illegal, the state government should also tax recreational marijuana (people using marijuana for medicinal use shouldn't be taxed). It can go towards many things that could do a lot of good, including healthcare (It is kind of like the soda tax). As for drugs that are actually bad for the American public, I think that mandatory minimums are good. They lessen irregularities in sentences and create a definitive penalty that people can be "afraid" of.
ReplyDeleteConsidering the potential harm such drugs can cause (as seen in the Opioid Crisis, etc.), the government should regulate controlled substances. However, because some of these substances can be used positively as treatment, the state government should be in charge of dealing with legislation regarding it as the constituents and the medical situation for each state is different. Not to mention, legalizing the substances can contribute to a state's economy. Thus, the federal government can regulate the booming marijuana market by leaving it up to each state to determine whether marijuana should be legalized or not. As a result, the federal government should not step in unless there is a conflict that affects multiple states. When it comes to mandatory minimums, it does not seem particularly useful in prevent drug offenses as mandatory minimums are only a short term solution to preventing the unethical sale of such drugs. Maia Bhaumik's suggestion of taxing these drugs seem to be a better long term solution if limiting the sale is the goal.
ReplyDeleteI believe the Federal Government should regulate controlled substances. The fact that the decision of legalizing marijuana is a state choice makes drug related charges more frequent and contributes to the mass incarceration problem in the US. If the whole country was under the same laws and regulations regarding marijuana, the distribution of marijuana would be done in a more legal matter then it is nowadays. The federal Government hasn't and shouldn't enforce the Controlled Substance Act because states have already legalized marijuana so the Act is very outdated.
ReplyDeleteThe constitution states that the federal government must provide for the general welfare of the people. Because of this clause, I believe it is the responsibility of the federal government to regulate controlled substances. Although it has medicinal qualities, marijuana is not an innocent drug and should not be treated as such. Drug regulation among the states would ideally be up to each state, but with a market as critical and a substance as important as marijuana, there should be some semblance of uniformity so as to not further complicate enforcement and conviction among the intricacies of federalism. The controlled substances act, or whatever act may be engineered to replace it, should be well enforced to streamline conviction processes and close legal loopholes.
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