Posted by: Chad in Legal Issues on January 2nd, 2014

Colorado and Washington are the two US states first to declare recreational marijuana as legal. However, experts are concerned about tangled laws. The Controlled Substances Act of 1870 declares that anybody in possession of marijuana, including those who manufacture or sell it, are considered criminals.

According to experts, it names those who use the drug as law-abiding criminals. They said that it was law-breaking done with state regulation and licensing.

Marijuana became legal when Deputy Attorney General James Cole issued a memorandum that advised federal authorities about how to respond to state-permitted marijuana trade, which effectively allowed manufacturers and buyers free trade without having any legal consequence.

Cole had made clear that eight “enforcement priorities” authorities had to make sure buyers and sellers observed to prevent the smuggling of the drug across borders and falling into the hands of cartels and organised crime groups.

It was in 2011 that authorities issued a clarification on licensing marijuana for licensed medical use. Authorities still considered online advertising of the drug as outlawed because it enticed minors to use the drug.

Other unresolved problems about marijuana include employers having the right to sack people who make use of legally-purchased marijuana. Authorities could still consider criminals under parole consuming marijuana to have violated their conditions.


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