Medical Marijuana Harvard Case Solution & Analysis

QUESTION 1

FEDERAL LAW FOR MARIJUANA IN U.S

In the United States of America, Federal Law declared that the use of marijuana, its sales and distribution are illegal. Current drug laws are designed after the approval of Controlled Substances Act (CSA). The CSA categorizes and controls the drugs that are illegal and generates a schedule with listed drugs according to their therapeutic value and probable abuse.

CSA has scheduled marijuanaas ofhighly abusive potential, having no therapeutic value and cannot be prescribed safely. However, state laws for marijuana may allow the use of marijuana but, it is still violation of the Federal Law. (FindLaw, 2018)These laws are usually implemented against the person who possesses or deals with the, cultivation, distribution and sales of marijuana in large quantity.

Under the consideration of federal laws, marijuana is still illegal having no medicinal importance. Federal laws are applied throughout the country and not on just properties under the federal ministry. Although, there is a conflict between state laws and federal laws regarding drugs,there are currently 29 states in the U.S including the territories of Guam, Puerto Rico, and Washington D.C, who have legalized the therapeutic association with drugs including marijuana.

By the end of 2016, numerous federal agencies provided guidelines and other strategy notes to deal with the conflict of federal and state laws regarding the medical use of marijuana. The Judiciary Department on 29th of August, 2013, provided a memo of guidance declaring that the case prosecuted by the state regarding medical enforcement of marijuana is not of their priority.

The memo provided by the judiciary department consisted eight points and those points also provided guidelines for licensed businesses to find whether theyare fulfilling the requirement or not.

Medical Marijuana Harvard Case Solution & Analysis

The points include:

  1. Marijuana will be restricted to be distributed to minors
  2. The revenue generated from the sales of marijuana will be prevented from going to the black listed enterprises
  • Prevalence of marijuana must be prevented from the states where it is legal to the states where it is illegal
  1. The state-authorized enterprises for marijuana will prevent themselves by being used as a medium for illegal drug activities
  2. Any violent cause will be prevented in cultivation and distribution process of marijuana
  3. Drugged driving and the intensification of adverse consequences of public health linked with the usage of marijuana will be prevented
  • The cultivation of marijuana on public lands will be prevented for the sake of ecological hazards prevailed by the production of marijuana
  • The use or possession of marijuana on federal property will be prevented.

The two types of federal sentencing laws are: Sentencing guidelines and mandatory sentencing laws. Sentencing guidelines are passed by Sentencing Commission of United States while, mandatory sentencing laws are passed by the Congress. Federal sentencing guidelines not only consider the amount of marijuana involved in the case but the previous persuasions of the accused as well. Though all convictions of marijuana do not require jail period, they are eligible to imprisonment under federal sentencing guidelines.

In case of condemn and sentencing to jail, at least 85% of the sentence has to be served.

However, the period of jail will be determined on the basis of the amount of marijuana involved in the case..............

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