State vs. Federal Marijuana Legislation

State vs. Federal Marijuana Legislation

Introduction

The paper discusses the case of Marijuana Legislation from a federal and state legislative perspective. The paper measures the legality of the issue by analysis the given six scenarios of Marijuana legislation. The paper discusses the given scenarios from a retributive, commutative and distributive justice perspective to outline a better conclusion over the resolution, which can best address the issue of marijuana availability in the society of America.

Discussion

Scenario 1

Retributive Justice

As the person is living in the state, which has legalized the use of marijuana for medical use, he shall not be punished or accused because he has not violated the law of the state.

On the other hand, the conformity of the federal law states that irrespective of the state permission, use of marijuana either for recreational purpose or for medical use is a crime and any person found guilty of such action shall be punished for his act. Hence, in the light of state law, the pot-smoker is innocent whereas, the law of the federation will accuse this person for violation the federal law by using marijuana.

Commutative Justice

Since the person is engage in an activity, which is permitted by the state law; hence, the person is not convicted of any crime unless he is not spreading any negative effects of this habit on the society at large.

Distributive Justice

From the point of distributive justice, the person will not be compensated by the state for an unexpected effect of pot-smoking as it is the voluntary choice of the individual. On the other hand, the distributive law will be concerned to compensate individuals and society against any harm created by unchosen talent de?ciencies (Arneson, 2007).



Scenario 2

Retributive Justice

In this case, it is an innate ability of parents to worry about the health and well being of their children. Keeping this in mind, use of marijuana shall be banned by both state as well as federal law because of vulnerability of children to become addicted to pot, which can be hazardous for their health.

Commutative Justice

In the light of commutative justice, a parent is self-responsible for the supervisory role of his child. He cannot claim other people to stop smoking. In America, the concept of individuality gives every individual the right of freedom to the extent to which he or she does not impinge on other's right. His plea to ban pot smoking is not legally right.

Distributive Justice

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