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Anti-Drug Legislation Analysis

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Anti-drug Legislation Analysis
Criminal Law CJA/354

Anti-drug Legislation Analysis Prohibiting and reducing illegal drug trade is a policy of the anti-drug legislation of laws and polices discouraging any distributing, producing, and the consumption of substances. The students’ paper will focus on the federal and state legislation of marijuana. The student will compare and contrast similarities, and differences among the states of Arizona and California. The student will discuss current laws of each state and examine the proposition of legalization of marijuana. In addition the student will review the impact of legislation change at different levels of the current war on drugs in both the federal and state. The student will assess how legalization will affect asset forfeiture and if would be worthwhile. Starting in the United States of America in 1875 the city of San Francisco enacted a statute that prevented smoking opium (Schmalleger, 2010, p. 384). States quick to follow, the enactment of the Harrison Act in 1914 through medical professional was a requirement of the federal government to register and pay one dollar per year on the tax (Schmalleger, 2010 p. 384). Drug trafficking dealers not registered faced the penalty of prison time of five years and up to a fine of two thousand dollars (Schmalleger, 2010, p. 384). In 1920 the legal availability of heroin came to a halt as the courts considered heroin a prolonged addiction therefore as medical treatment was not qualified (Schmalleger, 2010, p. 384).
The Controlled Substances Act (CSA) (21 U.S.C. & 811) regulates drugs under the federal government that do not distinguish differences of marijuana in medical or recreational uses (Federal Law, n.d.). Controlled substances are categorized for what is known as potential abuse and medicinal value (Federal Law, n.d.). Under the Controlled Substance Act the federal law views marijuana with no medical value in addition highly addictive therefore under the First Amendment doctors can “recommend” a prescription (Federal Law, n.d.).
Marijuana in the State of California still holds true under federal laws illegal. Law enforcements personal positions are still bound by California’s Constitution whether state or federal laws conflict to uphold the state law (Federal Law n.d.). Caregivers and patients under California laws concerning medical marijuana are exempted from prosecution (Federal Law, n.d.). In addition states exercise police power can decriminalize activities of medical marijuana (Federal Law, n.d.).
California is the first in the union as voters in 1996 passed Proposition 215. Proposition 215 examined if marijuana had uses for therapeutic necessities (State Medical Marijuana Laws, 2011). Data indicated such values although include substances harmful was therapeutic for the control of nausea pain relief in addition to an appetite stimulate (State Medical Marijuana Laws, 2011). Diseases such as cancer, glaucoma, multiple sclerosis, and HIV/AIDS as studies have found marijuana to be an effective relief (State Medical Marijuana Laws, 2011).
The Controlled Substances Act still considers Marijuana as a Schedule I at the federal level a federal offense with a potential dependency (State Medical Marijuana Laws, 2011). In accordance to state law the Obama Administration in 2009 gave hope to distributing marijuana for medical purposes not to prosecute (State Medical Marijuana Laws, 2011). Arizona and the District of Columbia passed Initiative 59, but in 2009 it was temporarily with approved modifications (State Medical Marijuana Laws, 2011).
The Crime Control Act of 1990 and Law Enforcement Act of 1994 in the federal anti-drug legislation through initiatives doubled the appropriations authorized for drug law enforcement grants to states and local communities (Schmalleger, 2010). Other initiatives that target drug crimes include drug enforcement, provisions to control money laundering, and higher penalties toward drug offenses if close in proximity to school zones (Schmalleger, 2010, p. 388). The Uniformed Controlled Substances Act proposed in 1972 at the state level laws some versions were adopted (Schmalleger, 2010, p. 388). The federal and state laws are similar in the schedules of controlled substances whereas, the ranges of penalties’ are groups of first-degree felonies and misdemeanors (Schmalleger, 2010, p. 388). Most jurisdictions controlled substances in possession involve control over possession, knowledge of controlled substance, the nature, and possession of quantity use (Schmalleger, 2010, p. 388). Controlled substances unless prescribed would be the unlawful possession of the substance (Schmalleger, 2010, p. 388).
The first federal asset forfeiture laws in 1970 were the Continuing Criminal Enterprise statute and the Organized Crime Control Act of the state confiscates a person or person’s assets (Schmalleger, 2010, p. 390). Statutes of the state and federal levels can seize money, securities, negotiable instruments and any values furnished or intended for the exchange of a controlled substance (Schmalleger, 2010 p. 389). Assets are the instrumentalities and the proceeds of a crime, instrumentalities are properties of crime such as illegal substances transported by a car that by the state can be seized (Schmalleger, 2010, p. 390). The charges to the offense in seizing another’s property must not be allowed more when compared to the charge itself (Schmalleger, 2010 p.390). In addition, regulations are through the authority of the government that concerns the laws for drug criminals using the forfeiture laws (Schmalleger, 2010 p. 390). Civil forfeiture according to the Due Process Law states that the government before heard to take notice and opportunity before seizing any property (Schmalleger, 2010, p. 391).
The industry of drugs from consuming, producing, and distributing is lucrative as the foreseen future and the impact of these controlled substances continue to surround the United States throughout neighboring communities. Current laws vary from state to state on the proposed legalization of marijuana and medicinal purposes as do the opinions of the American citizens. The impact of legalizing marijuana would affect the nation across the border as the trafficking of drug cartel still continues. In the student’s opinion there has not been enough evidence through data to report the significant balance of legalizing marijuana statewide. The billions of dollars associated with illegal drugs and the transporting of drugs are substantially profitable for the criminals. In addition the United States continues to battle the war against the distributing and producing of illegal drugs through the criminal justice system by enforcing the state and federal laws to minimize these problems.

Federal Marijuana Law. (n.d.). Retrieved from http://safeaccessnow.org/article.php?id=2638
Schmalleger, F. (2010). Criminal law today: An introduction with capstone cases. (4th ed.). Upper Saddle River, NJ: Prentice Hall.
State Medical Marijuana Law. (2011). Retrieved from http://www.ncsl.org/default.aspx?tabid=19587

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