United We Stand
When President Trump took office earlier this year, the marijuana debate was reignited. Under the Obama administration, the federal regulation of marijuana use and state legalization was put on the back burner. Many people claimed that Obama might even be a proponent of marijuana use, due to some speculation of his previous history with the plant. In any case, the Trump administration has decided to take a much more hands on approach to the issue, and prosecute individuals who are found violating the federal law.
Under the Obama administration there was a memo in place called the Cole Memo that basically instructed how the federal prosecution of marijuana use was to be handled. In most cases, users would not be prosecuted for illegal marijuana use or possession, unless they were violating state and federal law. When Trump began his presidency, his Attorney General Jeff Sessions rescinded the memo and made it clear that the Trump administration would be cracking down on illegal marijuana use.
There has been a lot of backlash to this new enforcement which has often times come in the form of court cases fighting for its legalization. Recently, a few unlikely individuals have teamed up to fight for their right to use and sell marijuana. In July of 2017 a lawsuit was filed in the Federal District Court in Manhattan. The individuals named as plaintiffs include a 12-year-old girl who treats her chronic epilepsy with medical marijuana, a former football player who has created a business selling pain relievers made from marijuana, a father of a six-year-old with Leigh's Disease, a disabled combat veteran with post-traumatic stress disorder, and the Cannabis Cultural Association.
The 98 page complaint goes through a variety of different reasons why marijuana use should be legal, and how the federal law prohibiting its use is even unconstitutional. The 12 year old girl is arguing that the federal law prohibits her from traveling with her medication to states where marijuana it is not legal.
The former NFL football player is claiming that the federal law violates the Commerce Clause of the Constitution, because it restricts him from doing business in states where marijuana is illegal.
The Cannabis Cultural Association, a group that represents minorities in the U.S. and stands up for people of color, is suing based on discrimination. They claim that the federal law is being abused to specifically target and discriminate against people of color.
The judge presiding over the case, Alvin K. Hellerstein, is taking it very seriously, since it is not only a rare case in that a 12 year old girl is filing suit against the government to protect her livelihood, but also because the case is of major national importance. The judge has even been quoted saying "how anyone could say that the plaintiffs' lives have not been saved by marijuana."
If this case fails to prove the federal law unconstitutional, there are many others that are preparing to follow it and do so.
Under the Obama administration there was a memo in place called the Cole Memo that basically instructed how the federal prosecution of marijuana use was to be handled. In most cases, users would not be prosecuted for illegal marijuana use or possession, unless they were violating state and federal law. When Trump began his presidency, his Attorney General Jeff Sessions rescinded the memo and made it clear that the Trump administration would be cracking down on illegal marijuana use.
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| Jeff Sessions |
There has been a lot of backlash to this new enforcement which has often times come in the form of court cases fighting for its legalization. Recently, a few unlikely individuals have teamed up to fight for their right to use and sell marijuana. In July of 2017 a lawsuit was filed in the Federal District Court in Manhattan. The individuals named as plaintiffs include a 12-year-old girl who treats her chronic epilepsy with medical marijuana, a former football player who has created a business selling pain relievers made from marijuana, a father of a six-year-old with Leigh's Disease, a disabled combat veteran with post-traumatic stress disorder, and the Cannabis Cultural Association.
The 98 page complaint goes through a variety of different reasons why marijuana use should be legal, and how the federal law prohibiting its use is even unconstitutional. The 12 year old girl is arguing that the federal law prohibits her from traveling with her medication to states where marijuana it is not legal.
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12 year old girl, Alexis Bortell David Zalubowski/Associated Press |
The former NFL football player is claiming that the federal law violates the Commerce Clause of the Constitution, because it restricts him from doing business in states where marijuana is illegal.
The Cannabis Cultural Association, a group that represents minorities in the U.S. and stands up for people of color, is suing based on discrimination. They claim that the federal law is being abused to specifically target and discriminate against people of color.
The judge presiding over the case, Alvin K. Hellerstein, is taking it very seriously, since it is not only a rare case in that a 12 year old girl is filing suit against the government to protect her livelihood, but also because the case is of major national importance. The judge has even been quoted saying "how anyone could say that the plaintiffs' lives have not been saved by marijuana."
If this case fails to prove the federal law unconstitutional, there are many others that are preparing to follow it and do so.
Another important case that is about to be heard is a case involving a suit against the DEA. A panel of judges from the U.S. Court of Appeals for the Ninth circuit will gather on Thursday in San Francisco to hear this case. The DEA is being sued for its recent Federal Register notice that created a new drug category for marijuana extracts. The Hemp Industries Association and several individual businesses are suing based on the grounds that this new notice will harm their business even though they are growing the Farm Bill, which Congress approved.
As more and more of these cases are being tried, the laws surrounding marijuana regulation may be rolled back bit by bit, to the point where federally legalizing it once and for all may be the only logical option.
Natalie, legalization of marijuana is a long sought after topic, and I think this blog post brought some new relevance to it. I was struck most by the fact that a 12 year old girl is filing a suit against the government. Medical marijuana has made a big difference in a lot of people's lives. I think the issue still lies in the fact that legalization of marijuana is such a complex topic - yet if it were just legalized maybe the complexity would die.
ReplyDeleteI can honestly understand why the government is taking so much time to examine the process and fine details necessary for discovering a possible solution to this issue. Legalizing marijuana is a very challenging situation seeing as the government does not want to encourage recreational use of the drug; however, many patients with rare and challenging illnesses require the drug in order to stabilize their conditions in the best possible way. This controversy is a double-edged sword with either an increase of recreational marijuana use if legalized or a decrease in livelihood if remained illegal. There are so many angles that politicians need to face for this situation that I wonder if they will ever be able to come to a concrete decision.
ReplyDeleteHi Natalie! The legalization of marijuana is a challenging issue that has benefits and downfalls. The people need to think and decide the kind of world they want to live in. The case you mentioned of the little girl with chronic epilepsy was particularly interesting to me. She is only twelve years old, however medical marijuana has had a huge impact on her life. Starting a child on medical marijuana that young is just fascinating in terms of medical research. I'm excited for what you're going to write next!!!
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