State Vs. Federal Marijuana Legalization

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State vs. Federal Marijuana Legalization

State vs. Federal Marijuana Legalization

Even though the distribution, possession, sale, or production/cultivation of marijuana has been prohibited as per the Controlled Substances Act (CSA) of the Federal government of United States of America, an increased number of states have legalized its usage in medical contexts. Also, the drug remains legalized for recreational purposes in two states. Nevertheless, the federal government enjoys the authority to implement the CSA in these states, which would disqualify the recent legalized usage of marijuana for medical relief. Under such circumstances, those who are using it genuinely for medical purposes would also not be allowed to continue to do so. On the other hand, support for the legalization of marijuana in various states has been growing over the years. This assignment aims to analyze the various aspects of justice in three hypothetical scenarios (Cerdá et al., 2012).

Scenario 1: Recreational Smoker in a State Where Marijuana is Medically Legalized

A cannabis smoker (for recreational purposes) lives in the state of Illinois, which had been recognized as a state where medical marijuana usage had been legalized earlier this year. The allowed limit of usage is 2.5 ounces within 14 consecutive days. The state does not accept other states' registry ID cards (Anonymous, 2013). This situation is a complex one and according to the law, the smoker is performing a criminal act by going against the law. However, he cannot be proven guilty ahead of announcements of results of the test conducted to find out the amount of marijuana in his blood.

According to the concept of retributive justice, the punishment should be ethically and morally justified, and more importantly, it should be in a balanced proportion as to fit the particular criminal act it is addressing (Larsen & Lawson, 2013). In this context, this act might be ...
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