Criminal Law/Recreational Marijuana Legalization

In December 2019, Michigan joined a few other states to allow people 21 and over to purchase recreational marijuana over the counter. Not every town in Michigan has jumped into the marijuana marketplace—in fact, several cities have rejected businesses that want to supply adult recreational marijuana. As of January 2020, recreational marijuana was also legalized in Illinois. Other states where recreational marijuana is being legally sold include Alaska, California, Colorado, Maine, Massachusetts, Nevada, Oregon and Washington. In Vermont, recreational marijuana is legal to possess, but not to sell.
1. Although recreational marijuana is legal in Michigan, more than 400 cities in the state have rejected businesses that want to supply adult recreational marijuana. Must these Michigan cities acknowledge the right of businesses to sell it within their borders? Why or why not?

2. Illinois also allows the purchase of recreational marijuana. Unlike other states where citizens voted to allow adults to legally purchase marijuana for recreational use, Illinois’ legal marijuana law was passed by the state legislature and signed into law by the governor. In your reasoned opinion, is the legalization of marijuana best determined by referendum (through the vote of the people), or via state legislation (through the initiatives of state legislative representatives)? Explain your response.

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3. Although there is a strong trend toward legalization of marijuana at the state level, federal law still prohibits its sale, possession, and use. In your reasoned opinion, what should (or will) become of this federal law in the future?

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