Marijuana and the Law
We are a nation founded on the rule of law yet are sometimes vagarious in its application and none more so than in the case of the drug found in cannabis.
At the Federal level, regulation of marijuana began with the Marihuana Tax Act of 1937 which The American Medical Association (AMA) opposed the act because the tax was imposed on physicians prescribing cannabis, retail pharmacists selling cannabis, and medical cannabis cultivation/manufacturing. Indeed the law had nothing to do with the drug, tetrahydrocannabinol (THC), but with the hemp fiber in the cannabis plant itself. So, like whiskey, it was all about taxes.
Possession of (tax paid) marijuana did not become a crime under Federal law until the Boggs Act of 1951. Congress subsequently repealed mandatory sentencing for possession until passage of the Anti-Drug Act of 1986. And that's where we stand today: possession of marijuana is a Federal crime in every state of the United States of America and carries a mandatory sentence for possession. Period. Simple possession of ANY amount can get you a criminal record for a misdemeanor, a year in prison and a fine of $1000. Second time it's a mandatory minimum sentence of 15 days and a $2500 fine. Any more times, it's a felony, a mandatory minimum sentence of 90 days plus up to 3 years and $5000 fine.
So, how has this law affected marijuana usage? Well, over half the adult population have violated Federal law by actually possessing and consuming marijuana at least once. Some 55 million do so on periodic basis.That's a great deal of potential Federal from fines but we simply don't have enough law enough law enforcement, court rooms and jails to enforce the law. So, we SELECTIVELY enforce the law to:
The nation split right down the middle on this issue with 49% saying recreational use should be legalized and 56% say it is presently socially acceptable. Some 70% say marijuana use is less risky than alcohol and 76% less risky than tobacco.
So, how long will it be before we come to our senses and decriminalize marijuana and put it on the same legal footing as alcohol and tobacco. Prohibition didn't work for alcohol and isn't working for
marijuana
Indeed, just think all that tax revenue that would generate at the Federal, state and local levels for all the social liberals to fritter away! :-)
At the Federal level, regulation of marijuana began with the Marihuana Tax Act of 1937 which The American Medical Association (AMA) opposed the act because the tax was imposed on physicians prescribing cannabis, retail pharmacists selling cannabis, and medical cannabis cultivation/manufacturing. Indeed the law had nothing to do with the drug, tetrahydrocannabinol (THC), but with the hemp fiber in the cannabis plant itself. So, like whiskey, it was all about taxes.
Possession of (tax paid) marijuana did not become a crime under Federal law until the Boggs Act of 1951. Congress subsequently repealed mandatory sentencing for possession until passage of the Anti-Drug Act of 1986. And that's where we stand today: possession of marijuana is a Federal crime in every state of the United States of America and carries a mandatory sentence for possession. Period. Simple possession of ANY amount can get you a criminal record for a misdemeanor, a year in prison and a fine of $1000. Second time it's a mandatory minimum sentence of 15 days and a $2500 fine. Any more times, it's a felony, a mandatory minimum sentence of 90 days plus up to 3 years and $5000 fine.
So, how has this law affected marijuana usage? Well, over half the adult population have violated Federal law by actually possessing and consuming marijuana at least once. Some 55 million do so on periodic basis.That's a great deal of potential Federal from fines but we simply don't have enough law enough law enforcement, court rooms and jails to enforce the law. So, we SELECTIVELY enforce the law to:
- Prevent distribution of marijuana to minors;
- Prevent marijuana revenue from funding criminal enterprises, gangs or cartels;
- Prevent marijuana from moving out of states where it is legal;
- Prevent use of state-legal marijuana sales as a cover for illegal activity;
- Prevent violence and use of firearms in growing or distributing marijuana;
- Prevent drugged driving or exacerbation of other adverse public health consequences associated with marijuana use;
- Prevent growing marijuana on public lands;
- Prevent marijuana possession or use on federal property.
The nation split right down the middle on this issue with 49% saying recreational use should be legalized and 56% say it is presently socially acceptable. Some 70% say marijuana use is less risky than alcohol and 76% less risky than tobacco.
So, how long will it be before we come to our senses and decriminalize marijuana and put it on the same legal footing as alcohol and tobacco. Prohibition didn't work for alcohol and isn't working for
marijuana
Indeed, just think all that tax revenue that would generate at the Federal, state and local levels for all the social liberals to fritter away! :-)
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