As more states are beginning to make marijuana legal within their state, federal and state laws are starting to conflict with each other. Currently marijuana is illegal on the federal level because of the Controlled Substances Act which puts marijuana on the schedule 1 list. However, many people believe that the federal government made these laws unconstitutionally and that states have right to create and regulate their own policies. This brings up the debate of whether the federal government or the states have the right to regulate marijuana policy. States should have the power to regulate marijuana usage because a majority of population voted to make marijuana legal and the 10th amendment reserves and rights not given to the federal government …show more content…
In the supreme court case Gonzales v. Raich, “the Court upheld federal regulation of intrastate marijuana production. Reminiscent of the Wickard decision, Raich reasons that even intrastate production of a good our commodity will likely affect an interstate commercial scheme” (Cornell School of Law). The federal government justified their control over marijuana policy because they believed it would “likely” affect the interstate commerce of marijuana. However, because marijuana is not currently being sold between states there is no interstate commerce occurring which means that the government does not have the power to regulate the marijuana policy. Andrew Koppelman, professor of law and political science at Northwestern University, stated how “congress cannot use its commerce power when there is no colorable interstate problem to solve” (Constitution Center). Unless there is a clear problem with marijuana on a interstate level the commerce clause does not give congress the power to regulate marijuana policy. If individual states vote on their own marijuana policy and they are not selling marijuana to other states, then it is the job of the states to create and enforce their own laws on