UVI Criminal Law 122 Group 4 Law and Order-War Against Drug Med Marijuana

8/2/2019 UVI Criminal Law 122 Group 4 Law and Order-War Against Drug Med Marijuana

1/25

War on Drugs; Medical

Marijuana

Chapter 16 (#3)

Kennisha Grant, Amanda Brown and Reynaldo Guadalupe

Wednesday April 11,2012

"UVI Criminal law 122 Group 4 Law and Order."


2/25

War on Drugs; Medical MarijuanaChapter 16 (#3)

CONTENTS

1. FORWORD

2. WHAT IS MARIJUANA (CANNABIS)

3. STATUTES AND ACTS

4. CONTROVERCIAL ISSUES

5. SOME MAJOR ORGANIZATIONS AGAINST

6. SOME MAJOR ORGANIZATIONS FOR

7. NORML

8. RESEARCH and ARGUMENT AGAINST9. LAB STUDIES

10. COMMENT


3/25

War on Drugs; Medical Marijuana

Chapter 16 (#3)FORWORD

As the war against illicit drugs rumbles along, the seemingly inevitable controversiesfrom developing global affiliations continue to prevail with every newly enactedcountermeasures and arising societal needs. While pro-medical marijuana lobbyistargue without due scientific research on benefits, a basis from abroad isolated healthnecessities, and numerous seemingly strong claims, the opposition relies oncontinuing scientific studies, the compounding social, health, crime, and economicissues.

Considering these factors, how can a society best balance individualconstitutionality against societal impediments and needs? Such a questionor similar seems to be rolling around at all levels of the judiciary andadministrative systems. This can be seen as Federal and State

jurisdictional margins lock in disagreements, State Courts, Circuit Courtand Supreme Court rulings, and special interest groups protests withongoing changes. Though citizens are constitutionally entitled toappropriate, safe services and resolve for health needs, which seems to beone of the main drivers to legalize medical marijuana. Analyzingprerequisites, we can start by clearly defining terms like, appropriate andsafe. Next, Looking at the big picture, illicit drugs and related crimes areoverwhelmingly devastating our communities. Today cannabis isundergoing the illicitly rigors, like alcohol underwent in the Al Capon days.With the compounding consequences illicit drugs historically have had,

med-marijuana certainly needs sensible and careful evaluation before anylegalization takes place.


4/25


Chapter 16 (#3)

MARIJUANA

(CANNABIS)

Marijuana is a plant containing a psychoactive chemical,

tetrahydrocannabinol (THC), in its leaves, buds andflowers. Marijuana is the most commonly used illicitdrug, with forty-two percent of American adultsreporting that they have used it. Marijuana use by

adolescents is second only by prescribed drugs.

Marijuana Facts, Drugpolicy.org; http://www.drugpolicy.org/facts/drug-facts/marijuana-facts
http://www.drugpolicy.org/facts/drug-facts/marijuana-factshttp://www.drugpolicy.org/facts/drug-facts/marijuana-factshttp://www.drugpolicy.org/facts/drug-facts/marijuana-factshttp://www.drugpolicy.org/facts/drug-facts/marijuana-factshttp://www.drugpolicy.org/facts/drug-facts/marijuana-factshttp://www.drugpolicy.org/facts/drug-facts/marijuana-factshttp://www.drugpolicy.org/facts/drug-facts/marijuana-facts


5/25


LEGAL STATUTES1.Some Judiciary rulings

Alaska Supreme Court; State v Crocker, 97 P.3d 93(Alaska App. 2004)

U.S.S.C. U.S. v Oakland Cannabis Buyer Corporative,532 USA 483, (2001)- CSA no exceptions

Raich v Ashcroft, 352 F.3d 122 (9th Circuit Cir. 2003)upheld Congress had no constitutional authority to

prohibit med-marijuana- based on interstatecommerce issue

U.S.S.C. Gonzalez v. Raich, 545 U.S. 1 (2005)reversed 9th Cir court ruling


6/25


1.Some Legal enactmentsa. The Uniform Control Act uniformity between Federal and

State laws for efficiency and effectivenessb. Federal Controlled Substance Act requirement of possession

and men reac. Compassionate Use Medical Marijuana statue N.J. 2010d. 1996 California Compassionate Use Act medical use

exceptione. 42 U.S.C. Subsection 1996a(b)(1) Religious exception for

peyote Native American Churchf. Religious Freedom Act , 42 U.S. 872 (1990) subsection 2000bb

1(a) prohibit substantial burden on religiong. 2005 Combat Methamphetamine Epidemic Act, 21 U.S.C.

Subsection 830

h. Others


7/25

The Losses for support throughlegal enactments

The Administration opposes drug

legalization. Legalization threatens public health

by increasing availability of drugs and undermining

prevention activities. It also hinders recovery effortsand poses a significant health and safety risk to all

Americans, especially our youth. Marijuana is a

harmful drug and its use should be prevented and

treatednot promoted. Outside the context of

Federally approved research, the use and

distribution of marijuana is prohibited in the United

States.


8/25


Chapter 16 (#3)

LEGAL STATUTES

Supreme Courts majority decisions have favored clearing the way for drugpolicies despite claims of violation on First and Fourth Amendment

State Level Regulation Statutes

Marijuana Policy Project 2012 State Legislation to Reduce orRemove Marijuana Penalties

State Medical Marijuana Legislation 2012

Nine states considering to decriminalize possession of small

amounts of marijuanaArizona, Hawaii, Illinois, Indiana, New Hampshire, New Jersey,Rhode Island, Tennessee, and Vermont.

Seeking replacement of jail term with fines for the possession of a modestamount of marijuana (less than an eighth of an ounce to up to three

ounces)


9/25


Chapter 16 (#3)

CONTROVERCIAL ISSUES FOR MEDICAL MARIJUANA

Adverse effect of marijuana

Benefits supporting medical marijuana

Search for any info on gains, losses or pendingdecisions-cases

Status of the legal issues surrounding

Effects on adolescents Physiological and mental health effects

No sound scientific basis for claims on medicalmarijuana benefits


10/25

Main basis, arguments, fundamentalssupporting or opposing as deemed pertinent

Marijuana and other illicit drugs are addictive and unsafe especiallyfor use by young people. As officials with the National Institute on

Drug Abuse state, drug addiction is a progressive disease and the

earlier one starts, the more likely are the chances of developing a

substance use disorder.Marijuana contains chemicals that can change how the brain works.

And the science, though still evolving in terms of long-term

consequences of marijuana use, is clear: marijuana use is associated

with addiction, respiratory and mental illness, poor motorperformance, and cognitive impairment, among other negative effects.

This is especially troubling since research suggests one-in-11 people

who ever used marijuana will become dependent on it; this risk rises

to one-in-six when use begins in adolescence. In 2009, marijuana

was involved in 376,000 emergency department visits nationwide.
http://www.nida.nih.gov/MarijBroch/teens/002a.phphttp://www.nida.nih.gov/scienceofaddiction/brain.htmlhttp://oas.samhsa.gov/2k10/dawn034/edhighlights.cfmhttp://oas.samhsa.gov/2k10/dawn034/edhighlights.cfmhttp://oas.samhsa.gov/2k10/dawn034/edhighlights.cfmhttp://oas.samhsa.gov/2k10/dawn034/edhighlights.cfmhttp://oas.samhsa.gov/2k10/dawn034/edhighlights.cfmhttp://oas.samhsa.gov/2k10/dawn034/edhighlights.cfmhttp://oas.samhsa.gov/2k10/dawn034/edhighlights.cfmhttp://oas.samhsa.gov/2k10/dawn034/edhighlights.cfmhttp://oas.samhsa.gov/2k10/dawn034/edhighlights.cfmhttp://oas.samhsa.gov/2k10/dawn034/edhighlights.cfmhttp://www.nida.nih.gov/scienceofaddiction/brain.htmlhttp://www.nida.nih.gov/scienceofaddiction/brain.htmlhttp://www.nida.nih.gov/scienceofaddiction/brain.htmlhttp://www.nida.nih.gov/MarijBroch/teens/002a.phphttp://www.nida.nih.gov/MarijBroch/teens/002a.phphttp://www.nida.nih.gov/MarijBroch/teens/002a.phphttp://www.nida.nih.gov/MarijBroch/teens/002a.phphttp://www.nida.nih.gov/MarijBroch/teens/002a.phphttp://www.nida.nih.gov/MarijBroch/teens/002a.phphttp://www.nida.nih.gov/MarijBroch/teens/002a.phphttp://www.nida.nih.gov/MarijBroch/teens/002a.phphttp://www.nida.nih.gov/MarijBroch/teens/002a.php


11/25

The status of the legal issuessurrounding medical marijuana

Marijuana itself is not an approved medicine under the Food and

Drug Administrations (FDA) scientific review process. Yet 16

states and District Of Columbia have permitted marijuana to be

sold as medicine for various conditions. Although, some of the

individual, orally-administered components of the cannabis plant

(Dronabinol and Nabilone are two such drugs available today) have

medical value, smoking marijuana is an inefficient and harmful

method for delivering the constituent elements that have or may

have medicinal value. The FDA process for approving medicineremains the only scientific and legally recognized procedure for

bringing safe and effective medications to the American public. To

date, the FDA has not found smoked marijuana to be either safe or

effective medicine for any condition.


12/25

Peripheral Support for medicalmarijuana

War on Drugs; http://en.wikipedia.org/wiki/War_on_Drugs

Medicalmarijuana contributes to softer attitudes andgreater use of marijuana.

The American Medical Association joins major medicalsocieties in supporting increased research into

marijuanas many components, delivered in a safe (non-smoked) manner, in the hopes that they can beavailable for medical professionals to legally prescribe ifproven safe and effective. The U.S. Federal Governmentis the single largest funder of research on marijuana inthe world
http://en.wikipedia.org/wiki/War_on_Drugshttp://en.wikipedia.org/wiki/File:Colpolwpowell.pnghttp://en.wikipedia.org/wiki/War_on_Drugshttp://en.wikipedia.org/wiki/War_on_Drugshttp://en.wikipedia.org/wiki/War_on_Drugshttp://en.wikipedia.org/wiki/War_on_Drugshttp://en.wikipedia.org/wiki/War_on_Drugshttp://en.wikipedia.org/wiki/War_on_Drugshttp://en.wikipedia.org/wiki/War_on_Drugs


13/25

Peripheral Argument for MedicalMarijuana

All basically agree or concur in following issuesand other too numerous to list:

Principal goal of ending the American "War on Drugs

Priorities of decriminalization of responsible drug use

Promoting harm reduction and treatment response todrug misuse

Facilitate open dialog between youth, parents, andeducators

Constitutional Protection Discrimination Against Drug Users

Constitutional Protections

Discrimination against drug users
http://en.wikipedia.org/wiki/United_Stateshttp://en.wikipedia.org/wiki/War_on_Drugshttp://en.wikipedia.org/wiki/Harm_reductionhttp://en.wikipedia.org/wiki/Harm_reductionhttp://en.wikipedia.org/wiki/War_on_Drugshttp://en.wikipedia.org/wiki/United_States


14/25

Peripheral Arguments for MedicalMarijuana

No punishment for what people put into their bodies, only forcrimes against others

Advance policies and attitudes to best reduce harms of bothdrug misuse and drug prohibition

Marijuana should be legal for medicinal purposes of severely illindividuals

Argue the US waste billions on making the country drug freebut illicit drugs more prevalent

Medicalmarijuana contributes to softer attitudes and greateruse of marijuana.

The American Medical Association supports increasedresearch into marijuanas many components for safe(non-smoked) administering, expecting they can beavailable for legal prescription if proven safe andeffective


15/25

Peripheral Arguments for MedicalMarijuana

Also some proposition examples on med-marijuana valueby a US Administrative Law Judge

Marijuana contains over 400 other chemicals

At least 61 chemicals are cannabinoids

All these chemicals may have some effect on thehuman body

THC is only one of these active ingredients and itsstudies are of very limited value for the therapeuticutility of marijuana


16/25


Chapter 16 (#3)

SOME MAJOR ORGANIZATIONS AGAINST MEDICALMARIJUANA

White House Office of National Drug Control Policy

Office on National Drug Control Community-Based Prevention

SOME MAJOR ORGANIZATIONS FOR MEDICAL MARIJUANA

The American Alliance for Medical Cannabis

The Marijuana Policy Project websiteThe National Organization for the Reform of Marijuana Laws(NORML)

The Drug Policy Alliance (DPA)

NORML


17/25


Chapter 16 (#3)

RESEARCH and ARGUMENT AGAINST:Claims by medical marijuana proponents are portraying falsenotion that marijuana use is harmless and misleading people to

believe likewise

1. National Survey on Drugs and Health (NSDUH)

Marijuana the # one abused drug by adolescents second toprescription drug

2. As per National Institute on Drug Abuse

Drug addiction is a progressive disease

The earlier you starts the more likely to develop substance usedisorder

3. Marijuana is addictive and unsafe especially foryoung people


18/25


Chapter 16 (#3)

RESEARCH and ARGUMENT AGAINST

Evolving scientific evidence indicate frequent andconsistent long-term use lead to potential adverseconsequences like:

Brain functionality

Associated with addiction

Associated respiratory illness

Associated mental illness

Poor motor performance

And cognitive impairment

Among other potentially adverse negative effects underresearch and studies
http://www.whitehouse.gov/sites/default/files/ondcp/issues-content/native-americas/hidta_2011_withtribal_lg.jpg


19/25


Chapter 16 (#3)

Research also suggests

One-in-11 people who frequently and consistently used marijuana develop

dependency

Risk increases to one-in-six when use starts during adolescence 2009 statistics show 376,000 nationwide emergency department visits related

to marijuana use

Drug legalization: Threatens public health by increasing drugs availability and dejection

prevention activities Hinders recovery efforts and poses a significant health and safety risk As a harmful drug-its use should be prevented and treated-not encouraged Other than for Federally approved research, use and distribution is prohibited

in the US


20/25


Chapter 16 (#3)

LAB STUDIESAs only one specific chemical hundreds found in marijuana, pure THC ingestion

consequences through smoking marijuana are vastly different. In addition, the

following cursory studies did not include testing of synthetic THC:

Twenty-one cannabinoids have been clinically evaluated Most testing centered on the psychotropic effects of the compounds

Only eight or nine of the cannabinoids tested for therapeutic utility

Cannabigerol (CBG) cannabinoids show antibacterial activity againstgram-positive bacteria

Effect basic cell metabolism

Cannabinol (CBN) compounds have exhibited anticonvulsant, anti-inflammatory, immunological, and behavioral effects

CBN has also exhibited possible potentiation of THC effects in man.

Cannabidiol (CBD) has exhibited anticonvulsant activity


21/25


Chapter 16 (#3)

LAB STUDIESHighlighted Chemistry and Elements

Tetrahydrocannabinol (THC psychoactive chemical,),

Dronabinol

Nabilone

Cannabinoids varios form of the cannabanis chemical foundin marijuana

Few cannabinoids have been pharmacologically evaluated and

indications point at health consequences from smoking marijuana tobe likely quite different from through oral ingestion of THC. Mostchronic animal studies have been conducted with oral or intravenousTHC.


22/25


Chapter 16 (#3)

LAB STUDIESMarijuana's chemistry

Not fully known even though over 400 different chemicals havebeen identified in the plant

Chemical proportions and concentrations are different from plantto plant, due to growing conditions, plant age, harvestingprocesses and storage conditions.

THC levels range from 0.2% to over 10% and it is unknown howsmoking or burning marijuana plant/material affects chemicalscomposition.

It is not possible to reproduce the drug in dosages in acceptedscientific criteria standard.

Hence there is vital need to ensure people in general, with emphasison our younger generations and their beloved ones, understand thereal risks associated with marijuana use.


23/25


Chapter 16 (#3)COMMENT

If you smoke it, read upon it

One concern for thorough consideration on medical marijuana is safety.According to research, adolescents, as well as the not so well informed seem to bemost vulnerable. This is particularly important in our modern society where moralvalues and standards seem to be dwindling if not already vanished. Throughout mylaw enforcement career, many post raid, arrestees exhibited some peculiarities like a

pinched or pruned faced, sleepy eyed, sluggish and at times numb-like posture.When asked if they did drug, most often the response would be I smoke someweed you check(marijuana) or something to that effect. From this observation andthe ongoing crime turmoils, I can only weight the scales between the good and badconsequences.

In similar comparison, legalized alcohol has evolved into various social andhealth issues that heavily burden our health care system. Continuous research for

cannabis benefit seeking safe administering forms and dosages seems feasibleenough. However, I can see where adversity is knocking at the doors of our societieswith the maladies of addiction, respiratory complication, lack of attentiveness,crime, health cost, and economic windfalls for government and all. It only looks tooobvious, like alcohol, now a terrible drawback, another legalized adversity is in ourcommunity today. We already have enough ailments in our sociological battles for abetter place to live. Adding another through the legalization of an obviously harmful

drug, in my mind, just doesnt cut the cheese.


24/25

Work Cited The Office of National Drug Control Policy, Medical marijuana information.

retrieved from:

http://www.whitehouse.gov/sites/default/files/ondcp/issuescontent/medical_marijuana_information_packet.pdf

Office of National Drug Control Policy. Retrieved from:http://www.whitehouse.gov/ondcp/marijuana

The Office of National Drug Control Policy, Based Prevention, Retrieved from:http://www.whitehouse.gov/ondcp/marijuana

The Office of National Drug Control Policy, Prescription Drug Abuse, Retrievedfrom:http://www.whitehouse.gov/ondcp/prescription-drug-abuse

The Office of National Drug Control Policy, Drug Endangered Children,Retrieved from:http://www.whitehouse.gov/ondcp/dec-info

The Office of National Drug Control Policy, Special Problems, retrieved from:http://www.whitehouse.gov/ondcp/special-populations

ProCon.Org, Marijuana policy states, retrieved from;http://medicalmarijuana.procon.org/view.resource.php?resourceID=000881#details
http://www.whitehouse.gov/sites/default/files/ondcp/issuescontent/medical_marijuana_information_packet.pdfhttp://www.whitehouse.gov/sites/default/files/ondcp/issuescontent/medical_marijuana_information_packet.pdfhttp://www.whitehouse.gov/ondcp/marijuanahttp://www.whitehouse.gov/ondcp/marijuanahttp://www.whitehouse.gov/ondcp/marijuanahttp://www.whitehouse.gov/ondcp/marijuanahttp://www.whitehouse.gov/ondcp/prescription-drug-abusehttp://www.whitehouse.gov/ondcp/prescription-drug-abusehttp://www.whitehouse.gov/ondcp/prescription-drug-abusehttp://www.whitehouse.gov/ondcp/prescription-drug-abusehttp://www.whitehouse.gov/ondcp/dec-infohttp://www.whitehouse.gov/ondcp/dec-infohttp://www.whitehouse.gov/ondcp/special-populationshttp://www.whitehouse.gov/ondcp/special-populationshttp://medicalmarijuana.procon.org/view.resource.php?resourceID=000881http://medicalmarijuana.procon.org/view.resource.php?resourceID=000881http://medicalmarijuana.procon.org/view.resource.php?resourceID=000881http://medicalmarijuana.procon.org/view.resource.php?resourceID=000881http://www.whitehouse.gov/ondcp/special-populationshttp://www.whitehouse.gov/ondcp/special-populationshttp://www.whitehouse.gov/ondcp/special-populationshttp://www.whitehouse.gov/ondcp/dec-infohttp://www.whitehouse.gov/ondcp/dec-infohttp://www.whitehouse.gov/ondcp/dec-infohttp://www.whitehouse.gov/ondcp/prescription-drug-abusehttp://www.whitehouse.gov/ondcp/prescription-drug-abusehttp://www.whitehouse.gov/ondcp/prescription-drug-abusehttp://www.whitehouse.gov/ondcp/prescription-drug-abusehttp://www.whitehouse.gov/ondcp/prescription-drug-abusehttp://www.whitehouse.gov/ondcp/marijuanahttp://www.whitehouse.gov/ondcp/marijuanahttp://www.whitehouse.gov/sites/default/files/ondcp/issuescontent/medical_marijuana_information_packet.pdfhttp://www.whitehouse.gov/sites/default/files/ondcp/issuescontent/medical_marijuana_information_packet.pdf


25/25

Work Cited

Drug Policy Alliance, Desperate for Relief, retrieved from;http://www.drugpolicy.org/community/movement/desperate-relief

Whitehouse.gov, Drug Driving, Retrieved from: ;http://www.whitehouse.gov/ondcp/drugged-driving

Whitehouse.gov, Women, Girls, Families, and Substance Abuse, retrieved

from: http://www.whitehouse.gov/ondcp/women-children-families

Marijuana Facts, Drugpolicy.org, retrieved from:http://www.drugpolicy.org/facts/drug-facts/marijuana-facts

2011 National Drug Control Strategy, retrieved from:http://www.whitehouse.gov/ondcp/2011-national-drug-control-strategy

About NORML, retrieved from: http://norml.org/about

Drugscience.org, retrieved from:http://www drugscience org/Petition/C8C html
http://www.drugpolicy.org/community/movement/desperate-reliefhttp://www.whitehouse.gov/ondcp/drugged-drivinghttp://www.whitehouse.gov/ondcp/women-children-familieshttp://www.drugpolicy.org/facts/drug-facts/marijuana-factshttp://www.whitehouse.gov/ondcp/2011-national-drug-control-strategyhttp://norml.org/abouthttp://www.drugscience.org/Petition/C8C.htmlhttp://www.drugscience.org/Petition/C8C.htmlhttp://www.drugscience.org/Petition/C8C.htmlhttp://www.drugscience.org/Petition/C8C.htmlhttp://www.drugscience.org/Petition/C8C.htmlhttp://norml.org/abouthttp://www.whitehouse.gov/ondcp/2011-national-drug-control-strategyhttp://www.whitehouse.gov/ondcp/2011-national-drug-control-strategyhttp://www.whitehouse.gov/ondcp/2011-national-drug-control-strategyhttp://www.whitehouse.gov/ondcp/2011-national-drug-control-strategyhttp://www.whitehouse.gov/ondcp/2011-national-drug-control-strategyhttp://www.whitehouse.gov/ondcp/2011-national-drug-control-strategyhttp://www.whitehouse.gov/ondcp/2011-national-drug-control-strategyhttp://www.whitehouse.gov/ondcp/2011-national-drug-control-strategyhttp://www.whitehouse.gov/ondcp/2011-national-drug-control-strategyhttp://www.whitehouse.gov/ondcp/2011-national-drug-control-strategyhttp://www.drugpolicy.org/facts/drug-facts/marijuana-factshttp://www.drugpolicy.org/facts/drug-facts/marijuana-factshttp://www.drugpolicy.org/facts/drug-facts/marijuana-factshttp://www.drugpolicy.org/facts/drug-facts/marijuana-factshttp://www.drugpolicy.org/facts/drug-facts/marijuana-factshttp://www.whitehouse.gov/ondcp/women-children-familieshttp://www.whitehouse.gov/ondcp/women-children-familieshttp://www.whitehouse.gov/ondcp/women-children-familieshttp://www.whitehouse.gov/ondcp/women-children-familieshttp://www.whitehouse.gov/ondcp/women-children-familieshttp://www.whitehouse.gov/ondcp/drugged-drivinghttp://www.whitehouse.gov/ondcp/drugged-drivinghttp://www.whitehouse.gov/ondcp/drugged-drivinghttp://www.drugpolicy.org/community/movement/desperate-reliefhttp://www.drugpolicy.org/community/movement/desperate-reliefhttp://www.drugpolicy.org/community/movement/desperate-relief

Documents

UVI Criminal Law 122 Group 4 Law and Order-War Against Drug Med Marijuana