At present, the U.S. government claims the right to, and does, criminalize the growing, selling and possession of marijuana in all states. The U.S. Supreme Court affirmed this federal right in two separate court cases:
- In 2001, U.S. v. Oakland Cannabis Buyers' Cooperative, which overturned California proposition 215 which, in 1996, legalized marijuana for medicinal purposes.
- In 2005, Gonzales v. Raich, which again upheld the right of the federal government to ban marijuana use in all states.
What Is Marijuana?
Marijuana is the dried blossom of cannabis sativa and cannabis indica plants, leafy annual plants with parts that are used for as herbs, animal food, medicine and as hemp for rope-making.
"The flowers... contain psychoactive and physiologically active chemical compounds known as cannabinoids that are consumed for recreational, medicinal, and spiritual purposes," per Wikipedia.
Why is Marijuana Banned in the U.S.?
Before the 20th century, cannabis plants in the U.S. were relatively unregulated, and marijuana was a common ingredient in medicines.
Recreational use of marijuana was thought to have been introduced in the U.S. early in the 20th century by immigrants from Mexico. In the 1930s, marijuana was linked publicly in several research studies, and via a famed 1936 film named "Reefer Madness," to crime, violence, and anti-social behavior.
Many believe that objections to marijuana first rose sharply as part of the U.S. temperence movement against alcohol. Others claim that marijuana was initially demonized partly due to fears of the Mexican immigrants associated with the drug.
In the 21st century, marijuana is illegal in the U.S. ostensibly due to moral and public health reasons, and because of continuing concern over violence and crime associated with production and distribution of the drug.
For more, see Why is Marijuana Illegal? - Top 7 Reasons by Tom Head, About.com Guide to Civil Liberty.
Latest Developments
On February 25, 2009, Attorney General Eric Holder announced that "that federal agents will now target marijuana distributors only when they violate both federal and state laws."The ramifications of Holder's statement are that if a state has legalized marijuana, then the Obama administration will not override state law. To date, thirteen states have decriminalized marijuana for medical purposes only.
President Obama Avoids the Marijuana Question
When asked at a March 2009 online town hall about marijuana legalization, President Barack Obama avoided a serious answer, and laughingly demurred "I don't know what this says about the online audience. But, no, I don't think that is a good strategy to grow our economy" Wrote an irritated college newspaper columnist at State University of New York at Geneseo:
"Many people were disappointed by his reaction, as Obama did not offer any counter-arguments and completely ignored the potential medical and social benefits of ending the prohibition on marijuana.
"Yes, some who wish to see marijuana legalized use it for recreational purposes, but the other benefits cannot be ignored. Cannabis is known to ease pain disorders, including the side-effects cancer patients experience throughout treatment.
"In addition to this, legalization would strike an enormous blow to organized crime, free up the overflowing prison system and reduce violence along the Mexican-American border."
Obama Supported Decriminalization in 2004
However, in a 2004 appearance at Northwestern University, then Illinois politician Obama told a crowd, "I think the war on drugs has been a failure, and I think we need to rethink and decriminalize our marijuana laws."
(See page two of this article for specific Pros & Cons of Legalizing Marijuana.)
Background
The following is a summary of milestones of federal marijuana enforcement in U.S. history:
Per PBS, "It was widely acknowledged that the mandatory minimum sentences of the 1950s had done nothing to eliminate the drug culture that embraced marijuana use throughout the 60s... "
Most states can't implement their programs, though, as the Bush DEA executed a series of surprise raids on marijuana clinics, arresting both sellers and patients. The White House claimed that federal law held precedence over state legislatures. MAIN SOURCE: Condensed from materials produced by PBS and WGBH/Frontline.
