Federal Marijuana Laws

Federal Marijuana Laws

Federal Marijuana Laws

The US federal marijuana laws are amongst the stringent legal strictures that govern the usage of marijuana across the country. While many states have eased restrictions on marijuana usage, the federal laws remain rigid. At a federal level, marijuana is a banned substance. As the United States is a federation there are different laws regarding marijuana in different states. Under the USA marijuana laws there are federal laws as well as state laws. Marijuana’s medical use has been legalized in 16 states and not in all states. Federal laws have not legalized the medical use of marijuana. Similarly, marijuana laws in certain states are quite lenient like California whereas quite strict in places like Alabama and Florida. In USA marijuana laws are not uniform. Prohibition of cannabis started from the 1906 in many states of the United States. The Uniform State Narcotic Drugs Act came to regulate marijuana use from the mid 1930′s.

In the USA federal laws are quite different from state laws. The federal marijuana laws are contained in the Controlled Substances Act(CSA). It does not recognize the difference between medical and recreational use of marijuana. In many states like Alaska, California and Hawaii medical use of marijuana has been legalized keeping in mind the medical properties of marijuana. However under federal marijuana laws it is a highly addictive substance and it has no medical use. Under federal marijuana laws . A doctor can not prescribe marijuana for treatment. The DEA  can arrest people for possession of marijuana even if it is for medical purposes. Marijuana is included in the Schedule I list of drugs.
The federal marijuana laws are quite strict and can give steep punishment to the guilty. Under it, punishment is given taking into account the amount of marijuana in possession and past convictions. If the amount of marijuana possessed is greater a tougher sentence is pronounced. Imprisonment is not awarded in each and every case of such violation of  USA marijuana laws , but one can be imprisoned . Under the federal marijuana laws if one is sentenced for a certain period of time then the person has to serve at least 85 % of the jail term.
Initially, federal sentencing guidelines, regarding violation of federal marijuana laws was considered to as mandatory . However after the United States v. Booker case the Supreme Court ruled that federal sentencing guidelines are only advisory in nature and cannot be made mandatory. But despite this many a times federal judges flout this decision of the Supreme Court.
Due to this reason, many a times clashes take place between federal and state lawsuit has been seen in case of California where the marijuana laws are quite liberal. However in states like Florida ,marijuana laws are quite rigid. Florida has not legalized the medical use of marijuana. So, patients can be arrested if they are found with marijuana. Though Florida courts and public have supported the legalization of medical use of marijuana ,it has not been done so. If you are found with less than 20 g of marijuana, it is considered a misdemeanor and you can be imprisoned for 1 year. If you have more than 20 g of marijuana on you then it is considered a felony. Under Florida marijuana laws, sale and cultivation of marijuana are also severely punished.

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