What Federal Authorities Has to Say About Marijuana Use and State Policies
Under the Cannabis Control Act of 1972, federal authorities have a different jurisdiction than states in dealing with the production and distribution of marijuana. States are subject to the Federal Drug Enforcement Agency (DEA) within their jurisdiction. Thus, any state arrest for possession of cannabis can lead to an immigration violation.
The US Cannabis Law has two distinct phases. First, the federal government establishes its stance on the use of cannabis for medical or recreational purposes. In this phase, the federal government is in control.
Second, the federal agencies develop procedures and rules for implementing the proposed laws. The agencies then implement these rules through state and local police forces. Federal prosecutors then take over.
As the US states continue to move in the direction of decriminalizing cannabis possession, some federal law enforcement agents may decide that they no longer want to be subject to the directives of their superiors. They may begin to exercise their authority to prosecute citizens and others for cannabis activity. This will lead to a new conflict between federal law enforcement and state officials.
Federal law enforcement and state policy must be in compliance with one another. These two entities need to cooperate with one another in providing services to those who wish to use marijuana. However, if state officials begin to use their own state laws to prosecute those who use marijuana, the future will bring a new conflict between federal law enforcement and state governments. Both sides may be influenced by state interests.
There are two main types of state policy that are determined by the US Cannabis Law. One type is based on the patient’s rights. The other type is state policy against medical marijuana. Under the US Cannabis Law, the patient has the right to decide if he or she wishes to use marijuana.
The state has the responsibility to administer the laws regarding patient’s rights. This includes education, assistance, and determining the proper treatment of patients who are being given permission to use marijuana for medical reasons.
Medical marijuana laws are not fully enforced. Patients with a recommendation from a physician are not subject to arrest and prosecution. Those who are suspected of using medical marijuana are subject to medical testing, and can then be arrested and prosecuted if the test indicates marijuana use.
The US Cannabis Law requires strict compliance to prevent the cannabis industry from becoming complacent. If the people of the United States do not follow the law, then they will not be able to operate within the boundaries of the law.
Federal Immigration laws are enforced against persons arrested for cannabis possession. Those charged with a cannabis crime are considered deportable. This applies to most cannabis offenses.
Marijuana is not considered a controlled substance by federal immigration law. Therefore, state and local officials cannot arrest and prosecute people for their cannabis activities. The federal government has the sole authority to remove immigrants who enter the country illegally.
US Cannabis Laws is the basis for state and local enforcement. Those who are arrested and prosecuted under federal cannabis laws must be aware of the federal rights that are under attack.