The Federal Congress enacted the Controlled Substance Act, 21 U.S.C. §801 (CSA), as part of the Comprehensive Drug Abuse Prevention and Control Act of 1970. CSA establishes or designates certain drugs as "controlled substances" and makes it unlawful to knowingly or intentionally "manufacture, distribute, dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance." Essentially, the Federal Government has regulated the use, manufacturing, and dispensing of marijuana at the federal level and made it a federal crime.

In response to the federal legislation, California voters passed two propositions a few years apart. The first, the Compassionate Use Act (CaCUA), and the second, California Proposition 64, the California Marijuana Legalization Initiative (CMLI), which passed in 2016. Proposition 64 legalized the recreational use of marijuana for adults aged 21 years or older, permitting smoking in a private home or at a business licensed for on-site marijuana consumption. Up to 28.5 grams of marijuana and 8 grams of concentrated marijuana are legal to possess under this measure. An individual is permitted to grow up to six plants within a private home as long as the area is locked and not visible from a public place.

In conjunction with the CaCUA, which was intended "to ensure that patients and their primary caregivers who obtain and use marijuana for medical purposes upon the recommendation of a physician are not subject to criminal prosecution or sanction."

Ashley owns and operates The Smokehouse, a small local marijuana dispensary in a small town in California. She grows, cultivates, and sells her organic marijuana locally at her small dispensary. She has a small, but loyal customer base. The federal government, through the direction of the Federal Attorney General, raided The Smokehouse, seized all of Ashley's grow supplies and product, and has arrested Ashley for violating the Federal Controlled Substances Act.

Questions:
Ashley maintains that she cannot be prosecuted under federal law because she has complied with all state and local laws regarding marijuana manufacturing and dispensing. She also maintains that the federal government has exceeded its regulatory power under the United States Constitution. Is she correct? Please discuss.

When answering, please consider the following:
1. What power does the federal government have to regulate the State of California and its residents?
2. Where does the federal regulatory power come from?

Question

23-06-2025
History

High School

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The Federal Congress enacted the Controlled Substance Act, 21 U.S.C. §801 (CSA), as part of the Comprehensive Drug Abuse Prevention and Control Act of 1970. CSA establishes or designates certain drugs as "controlled substances" and makes it unlawful to knowingly or intentionally "manufacture, distribute, dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance." Essentially, the Federal Government has regulated the use, manufacturing, and dispensing of marijuana at the federal level and made it a federal crime.

In response to the federal legislation, California voters passed two propositions a few years apart. The first, the Compassionate Use Act (CaCUA), and the second, California Proposition 64, the California Marijuana Legalization Initiative (CMLI), which passed in 2016. Proposition 64 legalized the recreational use of marijuana for adults aged 21 years or older, permitting smoking in a private home or at a business licensed for on-site marijuana consumption. Up to 28.5 grams of marijuana and 8 grams of concentrated marijuana are legal to possess under this measure. An individual is permitted to grow up to six plants within a private home as long as the area is locked and not visible from a public place.

In conjunction with the CaCUA, which was intended "to ensure that patients and their primary caregivers who obtain and use marijuana for medical purposes upon the recommendation of a physician are not subject to criminal prosecution or sanction."

Ashley owns and operates The Smokehouse, a small local marijuana dispensary in a small town in California. She grows, cultivates, and sells her organic marijuana locally at her small dispensary. She has a small, but loyal customer base. The federal government, through the direction of the Federal Attorney General, raided The Smokehouse, seized all of Ashley's grow supplies and product, and has arrested Ashley for violating the Federal Controlled Substances Act.

Questions:
Ashley maintains that she cannot be prosecuted under federal law because she has complied with all state and local laws regarding marijuana manufacturing and dispensing. She also maintains that the federal government has exceeded its regulatory power under the United States Constitution. Is she correct? Please discuss.

When answering, please consider the following:
1. What power does the federal government have to regulate the State of California and its residents?
2. Where does the federal regulatory power come from?

Answer :

Final answer:

Under the principle of Federal Supremacy and the Commerce Clause of the U.S. Constitution, the federal government has the authority to regulate controlled substances like marijuana, even in cases where state laws permit their use. Therefore, Ashley could potentially be prosecuted under federal law, irrespective of her compliance with state laws.

Explanation:

Ashley's argument that she cannot be prosecuted under federal law due to her compliance with state laws disregards the concept of Federal Supremacy, a principle rooted in the Supremacy Clause of the U.S. Constitution. This principle declares federal law to be the 'supreme law of the land', superseding any conflicting state laws. Thus, even if Ashley complies with California's marijuana laws, she can still be prosecuted for violating federal law under the Controlled Substances Act, as federal law classifies marijuana as a controlled substance.

The Federal Government's regulatory power comes from several constitutional provisions, including the Commerce Clause, which grants Congress the authority to regulate interstate commerce. This has been broadly interpreted to include the regulation of activities that substantially affect interstate commerce, such as the production and sale of drugs. Consequently, despite California's legalization of marijuana, the federal government retains the legal power to enforce federal drug laws within the state.

Ashley’s contention that the federal government has overstepped its regulatory authority may be interpreted as a challenge to federal law based on the Tenth Amendment, which reserves for the states (or the people) all powers not specifically granted to the federal government. However, the Supreme Court has consistently upheld the power of the federal government to regulate controlled substances, including marijuana, under the Commerce Clause.

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