The Drug Laws

The Drug Laws 1

The Drug Laws

Drugs and drug crimes are some of the most serious offenses and lead to some of the most terrible crimes in the country and internationally. Not only are billions of dollars involved in drug crimes and cost states and the federal government a tremendous amount of time and money, but the money they generate for criminals continues to entice many to commit these crimes. Moreover, these crimes go beyond drugs but often include homicide, kidnapping, theft, burglary, weapons offenses, and even terrorism. The enforcement of drug laws in the country, moreover, due to the different state and federal laws, often make the enforcement of these laws difficult for many jurisdictions.

Federal and State Laws

Congress enacted the Drug Abuse Prevention and Control Act in 1970 (Federal, 2010).

The Act created five categories of drugs or schedules and then put penalties on the use, distribution, sale, or holding of these substances given the government’s belief regarding the seriousness of the drugs and their harms to society. Although most states’ drug laws mirror the federal laws, many state laws differ on the penalties applied to drug offenses that are entirely within state law control (Federal, 2010). The distinction between state and federal penalties occurs when a drug offense, its sale, use, holding, or other action is deemed to be entirely within state boundaries or when any activity with an illegal drug is deemed to impact interstate commerce (Amar, 2007).

The states follow the federal assessment of drugs that are controlled substances but several of them, such as Alaska; California; Colorado; Hawaii; Maine; Michigan; Montana;

Nevada; New Jersey; New Mexico; Oregon; Rhode Island; Vermont; and Washington have legalized marijuana for medicinal purposes (14 Legal Medical Marijuana States, 2010). Some of The Drug Laws 2 these states permit only medical research while others allow patients with specific illnesses to grow or hold a limited amount of the drug for their own personal use with a prescription (A patchwork, 2004). Some states enforce harsher penalties for crack cocaine than for other drugs

(A patchwork, 2004). Federal penalties tend to require longer prison sentences and have higher penalties and fines than states (VanderWaa, 2006). Another major difference between state and federal laws is the fact that many states that had previously increased penalties for drug offenses, such as California, have turned, instead, to treatment rather than incarnation options while the federal government continues to enforce only penalties (VanderWaa, 2006). Both federal and state laws allow for the forfeiture of assets believed to be involved in or purchased with drug money and business (VanderWaa, 2006).

Drug Legalization

The major arguments regarding the legalization of certain drugs today centers on marijuana. All of the following states have enacted laws legalizing marijuana, for medicinal purposes, in the years indicated: Alaska 1998; California 1996; Colorado 2000; Hawaii 2000;

Maine 1999; Michigan 2008; Montana 2004; Nevada 2000; New Jersey 2010; New Mexico

2007; Oregon 1998; Rhode Island 2006; Vermont 2004; and Washington 1998 (14 Legal

Medical Marijuana States, 2010). Further, Arizona and Maryland, while they have not enacted medicinal marijuana laws, have passed laws that are “friendly” to medicinal use of marijuana.

Since 1996 Arizona has allowed physicians to prescribe marijuana and since 2003 Maryland has allowed defendants to claim a defense of “medical use” in court cases (14 Legal Medical

Marijuana States, 2010).

The evidence as to whether legalization of marijuana will increase or decrease crime is not clear. Those who oppose legal marijuana laws indicate that in almost all of the 14 states that The Drug Laws 3 have permitted medicinal marijuana clinics, patients, and growers experience robberies, home invasions, shootings, and murders that increase, not decrease crime (Leff, 2010). A California police chief stated, “People think if we decriminalize it, the Mexican cartels and Asian gangs are going to walk away. That's not the world I live in,” (Leff, 2004). Those who favor medicinal marijuana, however, indicate that the crimes that occur in some states with legal marijuana only occur because the states do not properly regulate the drug. These persons point out that New

Mexico, which they indicate has effective regulation, has not experienced any “violent medical marijuana robberies” (Leff, 2004). Based on these views, however, the only clear determination is that the legalization may have little impact on the change in crime rates. Because drug laws are federal, however, and legalized marijuana laws remain state laws, the conflict in these laws could still lead to cases where federal agents enforce laws that state agents do not.

Federal law, under the Supremacy Clause of the United States Constitution requires any federal law on a subject that only the federal government has control over to trump state laws.

However, drugs a criminal laws are not areas that the Constitution grants sole power to the federal government to control. The result is that states have the right to enact and enforce their own drug laws, such as those that make marijuana legal for medical purposes. However, if such laws involve any indication or suggestion of interstate commerce then the federal drug laws, their penalties and other laws, take effect and the action is illegal (Amar, 2007). The issue of forfeiture then becomes troubled. State forfeiture laws do not apply in such cases, but federal cases do and will likely trump the state law which makes such assets legal (Amar, 2007).

Conclusion

Drug crimes make up the majority of reasons persons in the United States are incarcerated. These crimes have a significant impact on society and take up a great deal of law The Drug Laws 4 enforcement’s time and energy. There are few communities that are not affected by the harms these crimes unleash and their harms extend well beyond those who use or traffic in drugs. The nation has launched several waves of wars on drugs but the problem remains. At the current time drugs also pose a danger in that a great deal of the proceeds from drug crimes fund terrorist activities which pose additional harm to the United States and the world. Although several states have enacted laws to allow persons who conduct medical research or who have certain medical, normally terminal, conditions to use marijuana to ease their symptoms, this issue opens new problems for law enforcement. For example, while state agents may view medical marijuana as legal, federal agents do not. This often places state and federal agents on opposite sides of the issue and creates difficulty enforcing the laws. The result is a great deal of confusion and difficulty.

Prepare a 1,050- to 1,400- word analysis in which you assess federal and state anti-drug legislation.

Compare and contrast the similarities and differences among various states, as well as federal policy.

Be sure to examine the proposition of legalization of certain drugs and the potential impact this legislation change could have at the different levels of the war on drugs.

How would this affect asset forfeiture? ·

Format your brief according to APA standards. The Drug Laws 5

References

14 Legal Medical Marijuana States. (2010). ProCon.org. Retrieved October 30, 2010, from

http://medicalmarijuana.procon.org/view.resource.php?resourceID=000881

A patchwork of penalties. (2004). Robert Woods Johnson Foundation. Retrieved October 30,

2010, from

http://www.rwjf.org/files/newsroom/interactives/druglaws/druglaw_penalties.html

Amar, V.D. (2007). The clash between federal drug law and California's ‘medical marijuana’

law: how two interesting recent events illustrate their interplay. Findlaw.com. Retrieved

October 30, 2010, from http://writ.news.findlaw.com/amar/20071109.html

Federal drug laws. (2010). Van Wagner & Wood. Retrieved October 30, 2010, from

http://www.vanwagnerwood.com/CM/Custom/federal_drug_charges.asp

Leff, L. (2010). Medical marijuana a frequent target for criminals. AP Online. Retrieved October

30, 2010 from http://www.kgw.com/lifestyle/health/88485617.html

VanderWaal, C. J., Chriqui, J. F., Bishop, R. M., McBride, D. C., & Longshore, D. Y. (2006).

State drug policy reform movement: the use of ballot initiatives and legislation to

promote diversion to drug treatment. Journal of Drug Issues. Retrieved October 30, 2010

from http://www.rwjf.org/pr/product.jsp?id=15581