Government of Texas

To answer this question, refer to Chapter 2, pages 21-26 and view The Question of Marijuana Video Click HERE

Essay Prompt:

Federalism is the government system in which powers are divided and shared between a national government and the state governments. One of the hot topics in the field of federalism today is the questions of legalization of marijuana. Today 12 states have fully legalized marijuana. In 11 states marijuana is illegal is all circumstances. The remaining states have a mix of laws usually allowing the legal use of marijuana for medical purposes only. For example, in Texas CBD oil (extracted from the cannabis plant, but containing no intoxication effect) is available for very limited number of medical patients. Also some states , while keeping marijuana illegal, have decriminalized its use. This means it is illegal to use marijuana, but you won’t be charged with a crime. Instead you will likely pay a civil fine or go to a drug rehabilitation center.

Under national law, however, marijuana is illegal under all circumstances. Federal laws covers all parts of the US. This means a federal law enforcement officer can arrest anyone using marijuana anywhere- even in a state where it is legal to buy and use.

Under the Obama administration, Obama ordered federal law enforcement not to make arrest in states where marijuana was legal arguing the government has more important crimes to chase after. The Trump Administration reversed this position.

Many advocates argue a national law legalizing marijuana is necessary to ensure equity among all citizens – especially since there are no restrictive borders between states. For example, if you cross the border into a state to purchase legal marijuana, you can be arresting and jail upon returning home if those legal products are found in your possession. Others argue states know their own people best and should decide whether it should be legal or not.

For this essay, answer the following question: How would you divide the power between the national and state governments to best handle the marijuana issues? Explain fully.

Remember! This is not an argument for or against legalization, but rather how should the law be made regarding marijuana in our federalist system of governing? Include facts and specific supporting evidence from Chapter 2. Your goal is to show me you understand the terms and concepts of federalism.