Federal Government Control Marijuana Legalization? Author\'s Note

¶ … Federal Government Control Marijuana Legalization?

Author's note with contact information and more details of collegiate affiliation, etc.

At least a quarter of the advisory is spent asserting the agency's drug approval authority, including the caution that seeking "to bypass the FDA drug approval process would not serve the interests of public health because [it] might expose patients to unsafe and ineffective drug products." Clear away the smoke from the advisory and you find that behind the battle over medical marijuana is the underlying power struggle pervading many of our health care discussions, from abortion to health care access to physician-assisted suicide.

Should the State or Federal Government Control Marijuana Legalization?

It is the opinion of the author that the control over marijuana legalization should be divided between both state and federal government. Power should always be divided. Division of power acts as a safeguard for the people and citizens. Division of power acts as their protection from a fascist government structure. Division of power could additionally serve as protection from one part of the government controlling one specific area of people's lives. It is American history for states to disagree on topics at the forefront of our culture. Slavery is an example. The recent bank bail-outs are another example. The wars in Afghanistan and Iraq are recent examples, as well. Americans disagree to the point where, as in the case of the Civil War, half of the country is willing to break off and become another country. Homosexual marriage is another recent issue, as is funding for Planned Parenthood. It is American nature to disagree. We cannot neglect the issue of prohibition. Who can imagine America without alcohol or an American in which alcohol is illegal? That would be akin to if cigarettes were illegal, though now it is illegal in many states and cities to smoke indoors, on university grounds, and in public parks. Ultimately, this argument is wasteful to have for argument's sake. On any issue, some states will agree and some states will disagree -- guaranteed. The paper will propose a strategy in which the government exerts control over marijuana legalization while the people are served effectively.

A state should exercise the power to allow or not allow the legal use of marijuana within its borders. Gostin concurs as he states:

"Although states should be free to be inventive in the face of difficult social problems, they ought not negate federal authority to set national standards for health protection. Rehnquist Court's federalism jurisprudence rarely has protected innovate state experiments but rather has simply repudiated federal health and safety regulation. Not only has the Court thwarted federal regulation of firearms and violence against women, but it has also struck down environmental regulation and antidiscrimination legislation." (Gostin, 2005)