Running Head: Annotated Bibliography Assignment #3

Annotated Bibliography Assignment #3 Paula Rutter Salt Lake Community College

English 1010-004 November 18, 2013

Annotated Bibliography Assignment #3

ACADEMIC SOURCE #3 Citation (APA format) Kamin, S. (2012). Medical marijuana in Colorado and the future of marijuana regulation in the United States. Mcgeorge Law Review, 43(1), 147-167. Reading Response Log Summary/Paraphrase/Quotation (p. #150-151) The Colorado Legislature debated two different bills to try to get ahead of the growing medical marijuana industry since the passage of Amendment XX in 2000. The law enforcement bill would have limited marijuana caregivers to five patients and cripple the forprofit medical marijuana dispensaries. The industry bill would basically leave the current situation intact but freeze any new dispensaries. With-the-Grain & Against-the-Grain Responses Shame on Colorado for allowing their legislature to be intimidated by pro-pot users at multiple levels. The groups that will profit from the commercial sale of marijuana fought for personal gain. The medical professionals had a variety of agendas but failed to look at the potential danger legalized marijuana would have on the population as a whole. I feel these medical professionals were reckless in pushing the use of medical marijuana in the raw form instead of looking at other ways to administer the cannabis drug in a less addictive way.

The Colorado lawmakers passed a modified version of the industry bill which required a licensing of the states marijuana industry. This The term majority rules definitely applied in state regulatory initiative allowing commercial this situation. The conservative silent majority sale of marijuana was historic for our nation. did not speak loud enough to stifle the pro-pot majority. (p. # 152-154) S. Kamin outlines in this article how our I agree with Kamin on facts that having country regulates with federal, state and local multiple levels of government has led to governments. With the issue of medical different interpretation of what is legal or marijuana regulation, all three levels of right in regards to the legalization of government are looking at this issue in very marijuana. different approaches. The federal government level has laws stating the use of marijuana is a I feel there is a blurred message of acceptance felony. Some of the states government has because of medical evidence of pain relief for decided that they will legislate based on cancer patients who have used medicinal constitutional rights within their respective marijuana. state. Smaller local governments see the profitability to their community tax base as an People by nature, what to help those in pain. I enticement to allow the cultivation of medical can see how those that approve of recreational marijuana. use can sway others to think that legalizing marijuana would help cancer patients and not The author explains why this particular issue of harm anyone. the legalization of marijuana falls in more murky levels of diverse opinions compared to other hotly contested issues like abortion or

Issue Exploration Project 2

Annotated Bibliography Assignment #3

prostitution which is very polarizing. (p. # 154-156) Medical Marijuana Today One-third of states have marijuana provisions legislation. This willingness by states to allow various cannabis regulation, is in sharp contrast to the long standing prohibition of marijuana at the federal level which currently states that marijuana is a Schedule I narcotic. In 2009, under President Obama, the Justice Department continued to send mixed messages regarding the enforcement of federal marijuana laws across our nation. This hands-off enforcement message has eventually led to local governments to enact legislation to authorize large scale industrial marijuana cultivation facilities. In 2011, Californias attorney general office initiated the way by enforcing the Controlled Substance Act (CSA) against the business of growing, selling or distributing marijuana in California. Recently, the IRS clarified that medical marijuana businesses cannot claim business deductions on income taxes. The banking industry has increasingly refused to do business with the marijuana industry due to concerns of money laundering activities. (p. # 157-158) The Coming Fight over Full Legalization Unlike the mixed message of the medical marijuana usage from the state level, the federal governments opposition to the full legalization of marijuana use has been unchanged. Prior to Californias vote on Proposition 19 in 2010, Federal Attorney General Eric Holder stated that Proposition 19 would greatly complicate federal drug enforcement efforts to the detriment of our citizens . . . . Accordingly, we will vigorously enforce the CSA against

Because of the increasing use and acceptance of marijuana as a harmless individualize drug of choice, more citizens are being influenced to accept the medical marijuana use as beneficial. Then once they have convinced themselves that marijuana is not to be feared as a habitual drug that leads to other drug use, people are more likely to view marijuana as purely a harmless recreational substance to enjoy. For a sitting President of the United States to imply he would deemphasize the enforcement of federal marijuana laws in those states where voters had approved its medicinal use and then infer an opposing stance opposite sends a very unsavory message to the youth of our nation. Where does Barrack Obama truly stand on marijuana use, period! Once a society starts to accept something that was once taboo or socially unacceptable, this is the beginning of the slippery slope where what was once wrong becomes right.

We are at a juncture where one must ask, Is it too late to turn the tide? Our federal government has been slow to enforce the federal laws we have on drug use in our country. Turning a blind eye to the states that have created state laws allowing the use of marijuana in any form without intervening with strong enforcement of federal laws has only sent a message that our federal Issue Exploration Project 3

Annotated Bibliography Assignment #3

those individuals and organizations that possess, manufacture, or distribute marijuana for recreational use, even if such activities are permitted under state law.

government only barks, and doesnt bite.

(p. # 166-167) The Power of Congress to Preempt State Marijuana Laws Kamin cites multiple court cases that give example of how Congress has limited the preemptive power of the CSA to those situations where there is a positive conflict between the state and federal laws such that the two cannot consistently stand together.

This article basically stated historical facts on what is happening at the state level in regard to the issue of allowing the use of medical marijuana. The author cites the growing trend and general acceptance of one third of the states who have created their own legislation on the use of marijuana for medical use as well as recreational use.

There has been some back and forth In regard to the creation of state laws legalizing maneuvering by both our federally elected or medicalization of marijuana as well as the officials as well as at the state level in dealing protection of the states citizens from federal with enforcement of existing laws or creating prosecution, the Supremacy Clause guarantees local laws that are acceptable by the citizens of that, state disapproval notwithstanding, our these states. federal government may prohibit that which it wants to prohibit. I agree there is a growing population of citizens who want to legalize marijuana. I, for There is a growing number of Americans who one, am opposed to legalizing marijuana. In consider marijuana use to be nonthreatening regards to medical marijuana use, I need to conduct regardless if used for medical reasons learn more about alternative ways to access the or just recreational. Much like the failure of medicinal properties marijuana has and the Prohibition due largely in part by the form of administration of those properties in a widespread acceptance of alcohol use and carefully regulated legal way. failure to enforce its use in this nation, the growing acceptance of marijuana by citizens I understand that medical research is may challenge our federal laws. For now, the continually finding new and exciting federal government will continue to prosecute discoveries in developing treatments for all the manufacture and distribution of marijuana forms of diseases and symptom treatments. as a serious felony. Enforcement may be questionable.

ACADEMIC SOURCE #4 Citation (APA format) References Cockburn, A. (2012). Obama and marijuana: A great betrayal? Nation, 294(25), 10. Issue Exploration Project 4

Annotated Bibliography Assignment #3

Reading Response Log Summary/Paraphrase/Quotation (p. #1) Alexander Cockburns article in the online political magazine, The Nation, speaks to what he described as a change in policy once Barack Obama was elected president. He stated that Obama alluded in his campaign that he would be sympathetic to the use of medical marijuana, given the fact that he disclosed his own personal marijuana use while living in Hawaii. Cockburn stated his observations that instead of being lax on drug enforcement, Obama dispensed his Attorney General Eric Holder in 2009, to clarify the federal governments position on the enforcement of persecuting people who use the state medical marijuana laws to shield activity not designed or endorsed by said laws. Cockburn cites multiple raids conducted by DEA agents on marijuana dispensaries in California. He questioned the intent of the federal agencies who initiated the raids. He compares the reasoning for targeting raids at specific locations and the pricing of marijuana in the fancy dispensaries in Southern California. (p. #1) The question is raised about the relationship of the going price of marijuana per pound and the raids on marijuana growers. Growing marijuana is big business with a lot of I think Cockburn is sticking his neck out to money to be made. assume that local law enforcement is in cahoots in regulating the supply and demand of Because of the vague legal status of marijuana marijuana by conducting raids to confiscate in California at the time of this article, money and marijuana. Cockburn wonders out loud if the legalization of marijuana could depress some of the counties economy. Would everyone start growing pot? Issue Exploration Project 5 I disagree with Cockburn on his assumptions that Obama intentionally led marijuana activists to think he would openly support the legalization of marijuana. He continues to twist facts to sway the reader into thinking there is a conspiracy between local officials and the regulation of marijuana prices. With-the-Grain & Against-the-Grain Responses

Annotated Bibliography Assignment #3

(p. #1) Then there are the environmental concerns to be addressed. Many sophisticated growers are using national forest lands and water to grow vast areas in marijuana plants, with little regard to any environmental damage they may cause. (p. #1) The article quotes what President Obama recently told Rolling Stone, I cant ask the Justice Department to say, Ignore completely a federal law thats on the books. What I can say is, Use your prosecutorial discretion and properly prioritize your resources to go after things that are really doing folks damage. Cockburn clearly states his disdain for the selective use of raids, the fussy enforcement of state and federal laws by the DEA. He clearly feels that medical marijuana growers should be left alone. He cites that Obama wouldnt be president, if he had been busted for pot use. He thinks the war on marijuana has nothing to do with the medical properties of the drug but Obamas need to control society. Period.

I do agree with the author on this point. There have been violent booby traps that endanger the unassuming hiker with possible death or injury by territorial pot growers. I agree that there are countless examples of environmental damage caused by pot growers.

Once again I agree with the author that Obama continues to avoid the issues by carefully crafting his words to deflect any criticism on himself. He speaks with a forked tongue! I dont agree with his final thought that the war in not about the medical properties of marijuana but about Obamas desire to control society. I do not know Obamas real view on the legalization of marijuana. I only hope that he doesnt do more harm than good on this issue.

Issue Exploration Project 6