Instruction
Question 1: According to the DEA, marijuana is a class 1 drug. Explain how marijuana can be legal in a state but illegal federally. It is often said the states are the laboratories for democracy, how does federalism account for states experimenting on new policies even when they contradict federal policy.
Responds 1: In 2012, Washington State become the second state to legalize recreational marijuana, after Colorado (Sweeney, 2018). It wasn’t until a few months later the Department of Justice responded to these states with the Cole Memorandum. The Cole Memorandum states that it will not interfere with states that legalize recreational marijuana, however, it will still remain classified as a Schedule I substance (Sweeney, 2018). Since recreational marijuana is conflicting state and federal laws, specific rules and regulations were created to help address concerns. The Liquor and Cannabis Board (LCB) created a structured licensing regulation on how much cannabis can be produced and available throughout the state (Sweeney, 2018). Licenses are only granted to those who meet jurisdictional criteria (Sweeney, 2018). In other words, states made marijuana legal, but are keeping regulation and production in control in order to please the federal government. Really states legalized controversial or new policies are the beginning steps for the federal government to follow. For now, not all states agree, but as time goes on, many states will begin to follow and soon enough the federal government as well.
References:
Sweeney, R. (2018). Unrealistic expectations: The federal government’s unachievable mandate for state cannabis regulation. Washington Law Review, 93(4), 2175–2211. Retrieved from https://lopes.idm.oclc.org/login?url=https://search.ebscohost.com/login.aspx?direct=true&db=a9h&AN=134158619&site=eds-live&scope=site
Question 2: Compare Washington state and Colorado’s recreational use of marijuana policy. Describe the differences in policies with particular attention to the tax structure of each.
Responds 2: Considering that Washington and Colorado are the pioneers of the legalization of marijuana, there are still many differences within their policies. Colorado, individuals can grow up to 6 plants legally, can have multiple licenses to open a business, and have a tax structure that is a 15% excise tax with an additional 10% on sales tax (APHA). On the other hand, Washington is set up a little different by their policy. Washington makes it illegal to grow marijuana, only allows individuals to secure one license for a business, and have the highest tax rate of 37% excise (apha.org, 2019). Taxes are structured very differently in relation to Washington and Colorado. Washington has the highest marijuana tax in the entire nation, while Colorado has reduced their taxes from 29% to 15% to remove more consumers from the illegal drug sales (apha.org, 2019). While the country is moving towards legalization of marijuana, the federal government still has the authority to arrest individuals since it is not federally legal. It is something that many people do not agree with, but serves medicinal purposes that others swear by. If the states do determine to legalize marijuana, taxes will be the piece of the puzzle that can push the implantation through legislation. Education seems to be the most benefitted industry from the taxation, that is, if the allocation of funds is legitimized.
Reference:
Gill, D. (2018, November 14). Setting the Tax Rate on Legal Marijuana: Consumption, State Revenue and the Black Market. Retrieved February 22, 2019, from https://www.anderson.ucla.edu/faculty-and-research/anderson-review/weed
Https://www.apha.org/~/media/files/pdf/topics/state_cannabis_policy.ashx. (2019, February 24).