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Asked by: Kenny 719 views essay, federal, law, my, state, write Questions
admin on Feb 16, 2011 reply
Humans have used cannabis since the time of antiquity. In recent times with advancement of medical science, many aspects of its ill effects are highlighted. In modern world, most of countries have banned the use of cannabis for personal use. However, more than 10 countries have decriminalized the use of cannabis or marijuana. Within United States, 15 states have regularized the usage for medical purposes. Alaska is one of these states. As per United States Federal Law, Act of controlled substances 1970, it has been classified as Schedule-I drug, deemed to have high potential for abuse and no legitimate medical usage.
The scenario presented in the raised question is a case of conflict between federal and state law. In such cases, Supreme Court has given ruling in the favour of federal law over the state law. For a similar case in California, where state law allowed medical usage of marijuana, Supreme Court convicted a Moro bay dispensary owner for selling of marijuana at his drug store as an illegal substance. There are also many other cases of such sort. So if you are in Alaska where private usage of marijuana is allowed then your act is admissible under state law but against federal law. In such a conflict, federal law will always take precedence over the conflicting state law.
So in such a case, where both federal and state agents raided your house, then on the charges of holding marijuana, you might get away from state law. However, federal law will not let you run away and will apprehend you on the charges of a federal crime.
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