Two new trends in state drug crimes statutes are the emphasis on rehabilitation for nonviolent drug offenders and the legalization of marijuana for medical use.
Modern statutes allow nonviolent drug offenders to go through a specializeddrug court that typically sentences the offenders to probation and rehabilitation, rather than incarceration. 1 Common offenses for drug courts are simple possession and use of drugs listed in a jurisdiction’s drug schedule. 2 Typically, the drug court offender must participate in a rehabilitation program that includes counseling and detoxification within a specified time period. 3 During the rehabilitation, the offender is frequently drug tested to ensure compliance. If the drug offender tests positive, reoffends, or does not complete the program within the specified time limits, the offender will be found guilty of the original nonviolent drug offense and sentenced accordingly. 4
Legalization of marijuana for medical use is another modern statutory trend among the states. Currently, sixteen states and the District of Columbia legalize medical marijuana. 5 The criteria under these statutes vary, but in general a qualified individual can gain a prescription for marijuana from a caregiver, usually a physician, and thereafter obtain, possess, and use a specified quantity of marijuana. 6 In some states, limited cultivation is also permissible. 7
The legalization of marijuana for medical use presents an interesting constitutional dilemma because federal law lists marijuana as a Schedule 1 drug and does not permit its possession, use, or sale for medicinal purposes. 8 Technically, the legalization of marijuana for medical use violates the Supremacy Clause in the federal Constitution, which "The Legal System in the United States" and "Constitutional Protections" discuss in detail. However, the US Supreme Court has not invalidated any state’s medical marijuana statutory scheme on this basis, although the Court has upheld federal Congress’s authority to prohibit the possession and use of small quantities of marijuana under the Federal Controlled Substances Act 9 and has rejected a medical necessity exception for the possession and use of marijuana. 10
- 1516 reads
