Essay Example on Legalizing Marijuana: A Power Struggle Between State and Federal Institutions

Introduction

The legalization of marijuana has been a hot topic for many years. The bone of contention surrounding the issue has stemmed from its recreational and medical usage as one side maintains that it is a harmful drug while the other side still maintains that it should not be illegal. The legalization of marijuana has also shown the power struggle between the state and federal institutions and the institution versus individuals. Its prohibition and subsequent legalization have depicted which institutions have the power over others and the existing balance of power in government. Below is an analysis of the balance of power in government through examining the history of prohibition and legalization of marijuana in the United States. A balance of power between the state and federal levels of government and between institutions and individuals continues to exist, as indicated by the increased state-level legalization of marijuana in various states all over the United States.

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Balance of Powers

For many years, the balance of powers between the state and federal governments has not existed until recent years. In this context, the state governments have become more aggressive in making important decisions concerning sensitive issues such as the legalization of marijuana is in a fight for its life on two battlegrounds: in the policy realm and in the intellectual world of ideas that may lead to new policies. It depends only on the political context in which rugged individualism flourishes or declines and offer a balanced assessment of its future prospects. They outline its path from its founding—marked by the Declaration of Independence—to today, focusing on different periods in our history when rugged individualism was thriving or was under attack. People ultimately look with some optimism toward new frontiers of the twenty-first century that may nourish rugged individualism. They assert that we cannot tip the delicate balance between equality and liberty so heavily in favor of equality that there is no liberty left for individual Americans to enjoy.

Reasons

In considering reasons to be pessimistic as well as reasons to be optimistic about it, they also suggest where supporters of rugged individualism might focus greater encouragement and resources (Davenport & Lloyd, 2017). The prohibition of marijuana evidenced the lack of balance of power that did not exist in the twentieth century through the Marihuana Tax Act of 1937. This federal act banned marijuana usage on the federal level. The legal history of cannabis in the United States began with state-level prohibition in the early 20th century, with the first major federal limitations occurring in 1937. Starting with Oregon in 1973, individual states began to liberalize cannabis laws through decriminalization. In 1996, California became the first state to legalize medical cannabis, sparking a trend that spread to a majority of states by 2016. In 2012, Colorado and Washington became the first states to legalize cannabis for recreational use. (Wikipedia, 2020b). This action portrayed the lack of balance of power between the state and national levels.

Conclusion

The lack of balance between the federal and state level, as witnessed in the twentieth century, may have been attributed to the concept of factions, as James Madison claims. The twentieth century was dominated by a series of federal acts aimed at prohibiting the consumption of marijuana. Starting the Marihuana Tax Act of 1937, America witnessed a series of Acts that were implemented to prevent the recreational use of marijuana in the country. For instance, in 1970, the same year that the Marihuana Act has been struck down by the Supreme Court, the Controlled Substance Act was implemented that prohibiting the use of marijuana in the United States for whatever purpose. The legal history of cannabis in the United States began with state-level prohibition in the early 20th century, with the first major federal limitations occurring in 1937.