As part of a larger scheme to regulate drugs and other controlled substances, federal law prohibits the cultivation, distribution, and possession of marijuana. No exception is made for marijuana used in the course of a recommended medical treatment. By categorising marijuana as a Schedule I drug under the Controlled Substances Act (CSA), the federal government has concluded that marijuana has no currently accepted medical use in treatment in the United States. This book will review the federal governments constitutional authority to enact the federal criminal prohibition on marijuana; highlight certain principles of federalism that prevent the federal government from mandating that states participate in enforcing the federal prohibition; consider unresolved questions relating to the extent to which state authorisation and regulation of medical marijuana are pre-empted by federal law; and assess what obligations, if any, the U.S. Department of Justice (DOJ) has to investigate and prosecute violations of the federal prohibition on marijuana.
Preface; Medical Marijuana:: The Supremacy Clause, Federalism, & the Interplay Between State & Federal Laws; The DEA Position on Marijuana; MEMO:: Investigations & Prosecutions in States Authorizing the Medical Use of Marijuana; MEMO:: Guidance Regarding the Ogden Memo in Jurisdictions Seeking to Authorize Marijuana for Medical Use; Index.
Comments (0)
Your review appreciation cannot be sent
Report comment
Are you sure that you want to report this comment?
Report sent
Your report has been submitted and will be considered by a moderator.