Anglim 1 Tommy Anglim Mr.

Bennion AP GOPO 6th Hour Smoking Out The Real Issue The issue of marijuana for most people is whether or not it is healthy enough for society to handle. They argue over whether or not it should be legalized, therefore missing the whole problem with legalization. The real question isnt whether or not it should be legalized; it is who should legalize it. Under federalism, the national and state governments share power however with a lot of issues the lines between their powers are blurred. Marijuana is one of these blurry issues. The truth of the matter, however, is that the power to legalize marijuana is under the jurisdiction of the states. To begin, we can clearly see that these types of blurry issues were thought out from the very beginning of our country. The purpose of the installation of a system including states was so that the states could have experimental power over policies (Kaiser). This means one state could practice one policy while another practiced the opposite. Is that not what the marijuana issue has come to? Our countrys foundation set the stage for a conflict like this to be resolved quickly yet the argument rages on. Another reason states must have control over marijuana legalization is because although we are a united nation, each state has its own culture and set of beliefs. A resolution from the United States Conference of Mayors stated that states should be able to set whatever marijuana policies work best to improve the public safety and health of their communities (Editorial Board). These leaders clearly saw the need for diversification among the states. Some people argue that the national government should have control over marijuanas legalization. They argue that under the Commerce Clause of the Constitution the national government has the power to control its passage within the states. Although it may be able to control interstate commerce, does it have the power to enforce intrastate commerce? The national government is given by the Constitution the power to regulate foreign and interstate commerce; however it says nothing about

Anglim 2 intrastate commerce. So under the Constitution, cant it be assumed that as long as the states dont cross state lines with their marijuana supply they cant be punished by the national government? The argument over legalization of marijuana as a whole is separate from the argument of legalization of the interstate commerce of marijuana. Even through the fogginess, it is quite clear that the states have the power to control the legalization of marijuana.