19 Sep 2022


Legalization of Medical Marijuana/Federalism

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Academic level: University

Paper type: Essay (Any Type)

Words: 263

Pages: 1

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According to my understanding of the Federalism Clause of the US Constitution, I believe that the Federal Government has the right to preempt the medical marijuana laws because it acts as a regulator of the laws implemented regarding marijuana use. By preempting the laws, it Federal government ensures they are not aimed at being misused to cause harm to the people. If there are clauses within the laws that are not implemented in the right way, the Federal government is able to recommend the amendment of the laws ( Choo et ak., 2014) . The States should be responsible for implementation of the medical marijuana laws in the United States since each state has a different set of challenges which need to be addressed. However, the Federal government should act as a regulator of the laws to establish whether they have been implemented in accordance with the US Constitution. 

The ‘police powers’ should be given to the states so that they can formulate their respective medical marijuana laws in a manner that addresses the health needs of their population. However, during enforcement, the Federal government has the mandate to determine the level of compliance of the laws with the requirements of the US Constitution regarding marijuana use ( Friese & Grube, 2013) . In my personal opinion, medical marijuana should be legalized due to the health benefits it will have on the people. however, I recommend that policies should be formulated which regulate its misuse in a manner that can affect the lives of citizens in different states in particular and the United States in general. 

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Choo, E. K., Benz, M., Zaller, N., Warren, O., Rising, K. L., & McConnell, K. J. (2014). The impact of state medical marijuana legislation on adolescent marijuana use.    Journal of Adolescent Health ,    55 (2), 160-166. 

Friese, B., & Grube, J. W. (2013). Legalization of medical marijuana and marijuana use among youths.    Drugs: education, prevention and policy ,    20 (1), 33-39. 

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