Drug Court Diversion

Law against the Possession of Marijuana

One of the most commonly abused illegitimate drugs consumed by the people in the United States of America is marijuana. This type of drug is a combination of dry, shredded brown and green mixture of leaves, stem, flowers, and seeds obtained from a plant called Cannabis sativa. The key active chemical that contributes to the drug effect is the delta-9-tetrahydrocarbon, also indicated as THC. The mode of intake differs from person to person; usually it is mixed with tobacco and smoked so that nicotine present in tobacco combines with the ingredients of marijuana causing intoxication. It can also be consumed by mixing it with food or boiling with tea leaves.

There is no surprise in the drug causing impaired coordination, distorted perception, deceasing intellectual skills, and weak memory power. Long-term consumption results in addiction even after knowing its dreadful effects. Several researches revealed that majority of the people getting addicted to this drug are youngsters. The symptoms associated with people withdrawing their long-term intake include decreased appetite, sleeplessness, anxiety, craving for drug, irritability, frustration, and lot more. All these symptoms initiate within a day after the drug is avoided and reaches its peak in 2 – 3 days. However, it may subside in not more than 1 or 2 weeks under the cooperation of the affected individual.

The regulation of drugs was done by the federal government through Controlled Substance Act (CSA) that failed to identify the difference between recreational and medical application. The laws are imposed upon persons who cultivate, possess, or distribute large amount of marijuana. Under the influence of federal law, this drug is included in the list of controlled substance like heroin and cocaine. According to CSA, marijuana is characterized as a Schedule I drug indicating that the drug is highly addictive without any medical value. Prescription of this drug by doctors is now ceased even though there is no restriction in recommending its consumption under the First Amendment.

The Drug Enforcement Administration (DEA) has paid attention on patients and health professionals as well as other agents involved in the activity of cultivating and distributing this drug on a large scale. In the past few years, federal enforcement department conducted an operation in arresting people who were illegally involved in the business of drug cultivating and selling. People found guilty in marijuana case are subjected to severe punishments under federal laws because it is considered as a more hazardous drug without any medical value.

Of the two types of the federal sentencing laws, the current law which is being used till now was formulated in the year of 1986 which is a drug bill. This law puts forward the minimum sentences that have been formulated with respect to the drug activities. One of the interesting factors about the federal sentencing laws is that it not only considers the amount of marijuana consumed but also the prior history of the convictions. Not every time a person is sentenced to jail for conviction, but eligible for the imprisonment. On the eve of being convicted, the person is sure to spend almost 85% of life in the prison undoubtedly.

In case of the low-level offense, probation of 12 months is more than enough and sentences are not required. Carrying 2.5 kg of marijuana with prior convictions could end up in the jail sentence for at least 2 years. Even though there is a wide belief that the supreme court decision on the year 2005 have ruled out the federal sentencing rules, still plenty of federal judges across the country keep on deferring the guidelines to prosecute the convicts. Possession of marijuana can be brought to an end only with the implication of strict rules and regulations passed by the government that helps to save the people getting into the trap of marijuana.

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