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Twenty-eight states and the District of Columbia currently have laws legalizing marijuana in some form (primarily for medical use). Eight states, Alaska, California, Colorado, Maine, Massachusetts, Nevada, Oregon, Washington State, and the District of Columbia have legalized marijuana for recreational use. None of this changes the fact that according to the Title 21 of the Federal Drug Code, marijuana is still illegal in the United states.
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Based upon your understanding of federalism and the Supremacy Clause of the US Constitution, do you believe the federal government has the right to preempt state medical and/ or recreational marijuana laws? Why or why not? Who should be responsible for drug enforcement in the United States, the states or the federal government? The Constitution gives “police powers” to the states but also upholds the “supremacy” of federal laws. Does this mean states should be free to make and enforce their own laws for medical/ recreational marijuana use? How do you personally feel about the legalization of marijuana in the United States?
It may help to use the Chapter 2 notes and the notes on marijuana/ federalism in answering this question and any other resources you may find useful. If you use outside resources, please make sure to cite that information properly.
