Courtney Solek Mr.

Bennion AP Government 09 December 13 Intrastate or Interstate Responsibility Marijuana is categorized as a hallucinogen because it contains a severely

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psychoactive ingredient called THC. When THC enters the bloodstream, it is mood altering and gives one a false sense of security. Debated over constantly, authorities question whose responsibility it is to regulate marijuana, both medically and recreationally. Thus, after analyzing and reading the issue regarding whether marijuana is the state or federal governments responsibility to regulate its usage in the United States, it shall be concluded as the responsibility is amongst the states. As granted by the Tenth Amendment in The Constitution, the Reserved Powers are held solely by the states. Under the Reserved Powers, the police power gives the states the authority to protect and promote the public morals, health, safety and general welfare of all the citizens. As an article by The Editorial Board from the New York Times states, The United States Conference of Mayors passed a resolution suggesting the opposite: that the Obama administration should let the states decide this issue for themselvesThe states should be able to set whatever marijuana policies work best to improve the public safety and health of their communities (American Mayors: Let them Smoke Pot). Each state has different views and needs for marijuana. For this, the states should be able to choose whether or not they legalize this psychoactive drug. Currently, 22 states have passed legislation for the legalization of marijuana, either for medical use or recreational use or both. These states have used their right under the Reserved Powers to pass marijuana legislation, regardless of the fact it is illegal under federal law. However, many state laws

vary greatly in standards and execution. An excerpt from State Laws Related to Marijuana explains, States with medical marijuana laws often have some form of patient registry, which provides some protection against state arrest for possession. Also, regulation of marijuana laws may exist at the county and city level as well. In order to have possession of marijuana, it must be in regulation of the states law and of the county/city law as well. Under the federal government, the Controlled Substance Act classifies marijuana as a Schedule 1 substance, prohibiting the use of it everywhere. However, marijuana usage falls under public health and general welfare, which this power is granted to the states. In conclusion, the states shall have the ultimate power to determine whether marijuana is legal. Thus, requires full state responsibility to regulate, enforce, and manage intrastate commerce of marijuana.