There are several states that have “medical” marijuana legal
but with the move of two states that now make it legal to possess small amounts
for personal, i.e. recreational, use, there is a move by the President that
could start a reform to the drug law. Controlled Substances Act of 1970 is what
states the legality of drugs. It states
in the Congressional Findings and Declarations that “many
of the drugs included within this subchapter have a useful and legitimate
medical purpose and are necessary to maintain the health and general welfare of
the American people.” (FDA) The line after that states
that “the illegal importation, manufacture,
distribution, and possession and improper use of controlled substances have a
substantial and detrimental effect on the health and general welfare of the
American people.” (FDA) This act declared
marijuana dangerous and needed to be banned. Even if individual states make
possessing marijuana for personal use legal but Federal Law still states that
it is illegal, then Federal Law will trump the state law. They stated that they
will intervene if “it discovers that marijuana is
flowing to children or being trafficked to states where it is still illegal,
though under federal law it is still illegal in all states.” (WSJ) If families decide
to grow their own in those states that make it legal but then sell it to
individuals or groups that live in a state where it is illegal, that is when
the federal law will kick in; however, with the President deciding not to
enforce the law, not just the small amount but even the large, for-profit
growers. If the President decides to not
enforce the law and states make it illegal, the next question is what happens
to drug policies in the workplace? Will companies that have a drug-free
environment now have to change their policy?
Works Cited
FDA. (n.d.). Controlled Substances Act. Retrieved
from http://www.fda.gov/regulatoryinformation/legislation/ucm148726.htm
WSJ. (n.d.). The Beltway Choom Gang. Retrieved from
http://online.wsj.com/article/SB10001424127887323324904579044771286022400.html?mod=wsj_share_tweet
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