Final answer:
Both federal and state laws play a role in declaring a drug to be controlled. Federal law, through the Controlled Substances Act, and state laws may conflict, with the Supremacy Clause ensuring federal law takes precedence. Despite legalization in various states, marijuana remains a Schedule I controlled substance federally.
Step-by-step explanation:
Both federal and state laws determine whether a drug is considered controlled. For instance, marijuana is currently classified as a Schedule I controlled substance under federal law according to the Controlled Substances Act (CSA) of 1970. This federal law prohibits the sale and possession of marijuana, making it a prosecutable act. Conversely, various states have passed their own laws legalizing or decriminalizing marijuana for medical and/or recreational use. These conflicting laws can cause disparities in how individuals are treated in court, as federal law often takes precedence over state law due to the Supremacy Clause of the U.S. Constitution.
It's important to note that federal agencies like the Food and Drug Administration (FDA) regulate medicines for safety and efficacy, which can impact the availability of drugs on the market. The winners of this system are those protected from unsafe drugs, while the losers are often patients who face delays in accessing potentially beneficial medicines due to the extensive testing and approval processes.