Isabella Carter
Marijuana use is a highly controversial topic, with some states allowing limited use and others barring it entirely. The question of whether the right to use marijuana for medical purposes is protected by the Constitution is a complex one, with some arguing that it falls under the domain of the Constitution's Supremacy Clause. Others suggest that it could be considered one of a limited number of unenumerated fundamental rights recognised by courts. However, it is important to note that adult-use marijuana is unlikely to be recognised as a fundamental right anytime soon, if ever. This introduction will explore the constitutional implications of marijuana use and discuss whether it can be protected by the Constitution.
| Characteristics | Values |
|---|---|
| Marijuana use is protected by the Constitution's Supremacy Clause | Article VI of the Constitution states that: "This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land." |
| Marijuana use is not recognised as an unenumerated fundamental right | Adult-use marijuana is not likely to be recognised as an unenumerated fundamental right, but medical marijuana use could be more permissible under treaty obligations. |
| Marijuana use is a conflict between state and federal law | State laws that allow limited marijuana use conflict with federal law that bars it. |
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What You'll Learn
The difference between medicinal and recreational use
Marijuana use is not protected by the US Constitution. However, there is a conflict between state laws that allow limited marijuana use and the federal law that bars it. This falls under the domain of the Constitution's Supremacy Clause, which states that the Constitution and federal laws are the supreme law of the land.
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The Supremacy Clause
Marijuana use is not protected by the US Constitution. However, the conflict between state laws that allow limited marijuana use and the federal law that bars it falls somewhere in the domain of the Constitution's Supremacy Clause.
Article VI of the Constitution states that:
> This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land.
The difference between the medicinal and recreational uses of marijuana is critical in determining whether the right to use marijuana for medical purposes is protected by the Constitution. Medical marijuana use could be more permissible under treaty obligations. However, adult-use marijuana is almost certainly not going to be recognised as an unenumerated fundamental right.
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International law obligations
Marijuana use is not protected by the US Constitution. However, there is a conflict between state laws that allow limited marijuana use and federal law that bars it. This falls within the domain of the Constitution's Supremacy Clause.
The United States' obligations under international law are to keep marijuana as a Schedule 1 drug, as a recreational-use drug. Medical marijuana use could be more permissible under treaty obligations.
The right to access medicine and use that medicine to treat diseases is inherently different from the right to experience a certain type of feeling simply for recreational purposes.
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The right to access medicine
Marijuana use is a complex issue that involves a conflict between state laws and federal law. While some states have legalised marijuana for limited use, federal law prohibits it. This discrepancy falls under the domain of the Constitution's Supremacy Clause, which states that the Constitution and federal laws are the "supreme law of the land".
The question of whether the right to use marijuana for medical purposes is protected by the Constitution is a critical one. The right to access medicine and treat diseases is inherently different from the right to use marijuana for recreational purposes. Medical marijuana use could be more permissible under treaty obligations, and it may be recognised as one of a limited number of unenumerated fundamental rights that have been established by courts. These unenumerated fundamental rights arise from the due process clause of the 14th Amendment to the Constitution.
However, it is unlikely that adult-use marijuana will be recognised as an unenumerated fundamental right anytime soon, if ever. A Constitutional amendment would be required to provide this right, and it is not easily recognised as fundamental by the judiciary.
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The due process clause of the 14th Amendment
Marijuana use is not protected by the Constitution, but there is a conflict between state laws that allow limited marijuana use and federal law that bars it. This falls under the domain of the Constitution's Supremacy Clause, which states:
> This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land.
However, the right to use marijuana for medicinal purposes could be considered a fundamental right, protected by the due process clause of the 14th Amendment. This is because the right to access medicine and use it to treat diseases is inherently different from the right to experience a certain type of feeling for recreational purposes. Unenumerated fundamental rights are a creation of the courts arising from the due process clause of the 14th Amendment, which reads:
> No Sta
The full text of the due process clause is not provided in the sources, but it is clear that this clause is important in the debate around the legalisation of marijuana for medicinal purposes.
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Frequently asked questions
Marijuana use is not protected by the Constitution. However, there is a conflict between state laws that allow limited marijuana use and federal law that bars it. This falls somewhere in the domain of the Constitution's Supremacy Clause.
Medical marijuana use could be more permissible under treaty obligations. The right to access medicine and use it to treat diseases is inherently different from the right to experience a certain type of feeling for recreational purposes.
This is one of the first critical questions in determining whether the right to use marijuana for medical purposes is protected by the Constitution.
