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State laws that allow the use of medical marijuana insulate users in those states from federal prosecution.

a. True
b. False

1 Answer

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Final answer:

State laws legalizing medical marijuana do not protect users from federal prosecution, as marijuana remains a Schedule 1 drug under federal law and the Controlled Substances Act.

Step-by-step explanation:

State laws that allow the use of medical marijuana do not insulate users in those states from federal prosecution. This is because marijuana is still classified as a Schedule 1 drug under federal law, according to the Controlled Substances Act (CSA), which makes its sale and use a prosecutable act. While some states have legalized marijuana to varying degrees for medical or recreational use, and the federal government has at times indicated a policy of non-interference with states' marijuana laws, there is no guarantee that federal law enforcement will not prosecute individuals in accordance with federal law.

For example, in Gonzales v. Raich (2005), the Supreme Court affirmed the federal government's authority to criminalize marijuana use. Furthermore, memoranda from the Department of Justice, such as the Cole Memorandum of 2013, have not changed federal law but rather indicated a shift in enforcement priorities. Ultimately, the conflict between state laws and federal law creates a precarious situation for users of medical marijuana, who may still face legal consequences under federal law despite complying with state law.

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