uvi criminal law 122 group 4 law and order-war against drug med marijuana
TRANSCRIPT
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War on Drugs; Medical
Marijuana
Chapter 16 (#3)
Kennisha Grant, Amanda Brown and Reynaldo Guadalupe
Wednesday April 11,2012
"UVI Criminal law 122 Group 4 Law and Order."
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War on Drugs; Medical MarijuanaChapter 16 (#3)
CONTENTS
1. FORWORD
2. WHAT IS MARIJUANA (CANNABIS)
3. STATUTES AND ACTS
4. CONTROVERCIAL ISSUES
5. SOME MAJOR ORGANIZATIONS AGAINST
6. SOME MAJOR ORGANIZATIONS FOR
7. NORML
8. RESEARCH and ARGUMENT AGAINST9. LAB STUDIES
10. COMMENT
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War on Drugs; Medical Marijuana
Chapter 16 (#3)FORWORD
As the war against illicit drugs rumbles along, the seemingly inevitable controversiesfrom developing global affiliations continue to prevail with every newly enactedcountermeasures and arising societal needs. While pro-medical marijuana lobbyistargue without due scientific research on benefits, a basis from abroad isolated healthnecessities, and numerous seemingly strong claims, the opposition relies oncontinuing scientific studies, the compounding social, health, crime, and economicissues.
Considering these factors, how can a society best balance individualconstitutionality against societal impediments and needs? Such a questionor similar seems to be rolling around at all levels of the judiciary andadministrative systems. This can be seen as Federal and State
jurisdictional margins lock in disagreements, State Courts, Circuit Courtand Supreme Court rulings, and special interest groups protests withongoing changes. Though citizens are constitutionally entitled toappropriate, safe services and resolve for health needs, which seems to beone of the main drivers to legalize medical marijuana. Analyzingprerequisites, we can start by clearly defining terms like, appropriate andsafe. Next, Looking at the big picture, illicit drugs and related crimes areoverwhelmingly devastating our communities. Today cannabis isundergoing the illicitly rigors, like alcohol underwent in the Al Capon days.With the compounding consequences illicit drugs historically have had,
med-marijuana certainly needs sensible and careful evaluation before anylegalization takes place.
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War on Drugs; Medical Marijuana
Chapter 16 (#3)
MARIJUANA
(CANNABIS)
Marijuana is a plant containing a psychoactive chemical,
tetrahydrocannabinol (THC), in its leaves, buds andflowers. Marijuana is the most commonly used illicitdrug, with forty-two percent of American adultsreporting that they have used it. Marijuana use by
adolescents is second only by prescribed drugs.
Marijuana Facts, Drugpolicy.org; http://www.drugpolicy.org/facts/drug-facts/marijuana-facts
http://www.drugpolicy.org/facts/drug-facts/marijuana-factshttp://www.drugpolicy.org/facts/drug-facts/marijuana-factshttp://www.drugpolicy.org/facts/drug-facts/marijuana-factshttp://www.drugpolicy.org/facts/drug-facts/marijuana-factshttp://www.drugpolicy.org/facts/drug-facts/marijuana-factshttp://www.drugpolicy.org/facts/drug-facts/marijuana-factshttp://www.drugpolicy.org/facts/drug-facts/marijuana-facts -
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War on Drugs; Medical MarijuanaChapter 16 (#3)
LEGAL STATUTES1.Some Judiciary rulings
Alaska Supreme Court; State v Crocker, 97 P.3d 93(Alaska App. 2004)
U.S.S.C. U.S. v Oakland Cannabis Buyer Corporative,532 USA 483, (2001)- CSA no exceptions
Raich v Ashcroft, 352 F.3d 122 (9th Circuit Cir. 2003)upheld Congress had no constitutional authority to
prohibit med-marijuana- based on interstatecommerce issue
U.S.S.C. Gonzalez v. Raich, 545 U.S. 1 (2005)reversed 9th Cir court ruling
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War on Drugs; Medical MarijuanaChapter 16 (#3)
1.Some Legal enactmentsa. The Uniform Control Act uniformity between Federal and
State laws for efficiency and effectivenessb. Federal Controlled Substance Act requirement of possession
and men reac. Compassionate Use Medical Marijuana statue N.J. 2010d. 1996 California Compassionate Use Act medical use
exceptione. 42 U.S.C. Subsection 1996a(b)(1) Religious exception for
peyote Native American Churchf. Religious Freedom Act , 42 U.S. 872 (1990) subsection 2000bb
1(a) prohibit substantial burden on religiong. 2005 Combat Methamphetamine Epidemic Act, 21 U.S.C.
Subsection 830
h. Others
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The Losses for support throughlegal enactments
The Administration opposes drug
legalization. Legalization threatens public health
by increasing availability of drugs and undermining
prevention activities. It also hinders recovery effortsand poses a significant health and safety risk to all
Americans, especially our youth. Marijuana is a
harmful drug and its use should be prevented and
treatednot promoted. Outside the context of
Federally approved research, the use and
distribution of marijuana is prohibited in the United
States.
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War on Drugs; Medical Marijuana
Chapter 16 (#3)
LEGAL STATUTES
Supreme Courts majority decisions have favored clearing the way for drugpolicies despite claims of violation on First and Fourth Amendment
State Level Regulation Statutes
Marijuana Policy Project 2012 State Legislation to Reduce orRemove Marijuana Penalties
State Medical Marijuana Legislation 2012
Nine states considering to decriminalize possession of small
amounts of marijuanaArizona, Hawaii, Illinois, Indiana, New Hampshire, New Jersey,Rhode Island, Tennessee, and Vermont.
Seeking replacement of jail term with fines for the possession of a modestamount of marijuana (less than an eighth of an ounce to up to three
ounces)
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War on Drugs; Medical Marijuana
Chapter 16 (#3)
CONTROVERCIAL ISSUES FOR MEDICAL MARIJUANA
Adverse effect of marijuana
Benefits supporting medical marijuana
Search for any info on gains, losses or pendingdecisions-cases
Status of the legal issues surrounding
Effects on adolescents Physiological and mental health effects
No sound scientific basis for claims on medicalmarijuana benefits
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Main basis, arguments, fundamentalssupporting or opposing as deemed pertinent
Marijuana and other illicit drugs are addictive and unsafe especiallyfor use by young people. As officials with the National Institute on
Drug Abuse state, drug addiction is a progressive disease and the
earlier one starts, the more likely are the chances of developing a
substance use disorder.Marijuana contains chemicals that can change how the brain works.
And the science, though still evolving in terms of long-term
consequences of marijuana use, is clear: marijuana use is associated
with addiction, respiratory and mental illness, poor motorperformance, and cognitive impairment, among other negative effects.
This is especially troubling since research suggests one-in-11 people
who ever used marijuana will become dependent on it; this risk rises
to one-in-six when use begins in adolescence. In 2009, marijuana
was involved in 376,000 emergency department visits nationwide.
http://www.nida.nih.gov/MarijBroch/teens/002a.phphttp://www.nida.nih.gov/scienceofaddiction/brain.htmlhttp://oas.samhsa.gov/2k10/dawn034/edhighlights.cfmhttp://oas.samhsa.gov/2k10/dawn034/edhighlights.cfmhttp://oas.samhsa.gov/2k10/dawn034/edhighlights.cfmhttp://oas.samhsa.gov/2k10/dawn034/edhighlights.cfmhttp://oas.samhsa.gov/2k10/dawn034/edhighlights.cfmhttp://oas.samhsa.gov/2k10/dawn034/edhighlights.cfmhttp://oas.samhsa.gov/2k10/dawn034/edhighlights.cfmhttp://oas.samhsa.gov/2k10/dawn034/edhighlights.cfmhttp://oas.samhsa.gov/2k10/dawn034/edhighlights.cfmhttp://oas.samhsa.gov/2k10/dawn034/edhighlights.cfmhttp://www.nida.nih.gov/scienceofaddiction/brain.htmlhttp://www.nida.nih.gov/scienceofaddiction/brain.htmlhttp://www.nida.nih.gov/scienceofaddiction/brain.htmlhttp://www.nida.nih.gov/MarijBroch/teens/002a.phphttp://www.nida.nih.gov/MarijBroch/teens/002a.phphttp://www.nida.nih.gov/MarijBroch/teens/002a.phphttp://www.nida.nih.gov/MarijBroch/teens/002a.phphttp://www.nida.nih.gov/MarijBroch/teens/002a.phphttp://www.nida.nih.gov/MarijBroch/teens/002a.phphttp://www.nida.nih.gov/MarijBroch/teens/002a.phphttp://www.nida.nih.gov/MarijBroch/teens/002a.phphttp://www.nida.nih.gov/MarijBroch/teens/002a.php -
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The status of the legal issuessurrounding medical marijuana
Marijuana itself is not an approved medicine under the Food and
Drug Administrations (FDA) scientific review process. Yet 16
states and District Of Columbia have permitted marijuana to be
sold as medicine for various conditions. Although, some of the
individual, orally-administered components of the cannabis plant
(Dronabinol and Nabilone are two such drugs available today) have
medical value, smoking marijuana is an inefficient and harmful
method for delivering the constituent elements that have or may
have medicinal value. The FDA process for approving medicineremains the only scientific and legally recognized procedure for
bringing safe and effective medications to the American public. To
date, the FDA has not found smoked marijuana to be either safe or
effective medicine for any condition.
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Peripheral Support for medicalmarijuana
War on Drugs; http://en.wikipedia.org/wiki/War_on_Drugs
Medicalmarijuana contributes to softer attitudes andgreater use of marijuana.
The American Medical Association joins major medicalsocieties in supporting increased research into
marijuanas many components, delivered in a safe (non-smoked) manner, in the hopes that they can beavailable for medical professionals to legally prescribe ifproven safe and effective. The U.S. Federal Governmentis the single largest funder of research on marijuana inthe world
http://en.wikipedia.org/wiki/War_on_Drugshttp://en.wikipedia.org/wiki/File:Colpolwpowell.pnghttp://en.wikipedia.org/wiki/War_on_Drugshttp://en.wikipedia.org/wiki/War_on_Drugshttp://en.wikipedia.org/wiki/War_on_Drugshttp://en.wikipedia.org/wiki/War_on_Drugshttp://en.wikipedia.org/wiki/War_on_Drugshttp://en.wikipedia.org/wiki/War_on_Drugshttp://en.wikipedia.org/wiki/War_on_Drugs -
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Peripheral Argument for MedicalMarijuana
All basically agree or concur in following issuesand other too numerous to list:
Principal goal of ending the American "War on Drugs
Priorities of decriminalization of responsible drug use
Promoting harm reduction and treatment response todrug misuse
Facilitate open dialog between youth, parents, andeducators
Constitutional Protection Discrimination Against Drug Users
Constitutional Protections
Discrimination against drug users
http://en.wikipedia.org/wiki/United_Stateshttp://en.wikipedia.org/wiki/War_on_Drugshttp://en.wikipedia.org/wiki/Harm_reductionhttp://en.wikipedia.org/wiki/Harm_reductionhttp://en.wikipedia.org/wiki/War_on_Drugshttp://en.wikipedia.org/wiki/United_States -
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Peripheral Arguments for MedicalMarijuana
No punishment for what people put into their bodies, only forcrimes against others
Advance policies and attitudes to best reduce harms of bothdrug misuse and drug prohibition
Marijuana should be legal for medicinal purposes of severely illindividuals
Argue the US waste billions on making the country drug freebut illicit drugs more prevalent
Medicalmarijuana contributes to softer attitudes and greateruse of marijuana.
The American Medical Association supports increasedresearch into marijuanas many components for safe(non-smoked) administering, expecting they can beavailable for legal prescription if proven safe andeffective
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Peripheral Arguments for MedicalMarijuana
Also some proposition examples on med-marijuana valueby a US Administrative Law Judge
Marijuana contains over 400 other chemicals
At least 61 chemicals are cannabinoids
All these chemicals may have some effect on thehuman body
THC is only one of these active ingredients and itsstudies are of very limited value for the therapeuticutility of marijuana
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War on Drugs; Medical Marijuana
Chapter 16 (#3)
SOME MAJOR ORGANIZATIONS AGAINST MEDICALMARIJUANA
White House Office of National Drug Control Policy
Office on National Drug Control Community-Based Prevention
SOME MAJOR ORGANIZATIONS FOR MEDICAL MARIJUANA
The American Alliance for Medical Cannabis
The Marijuana Policy Project websiteThe National Organization for the Reform of Marijuana Laws(NORML)
The Drug Policy Alliance (DPA)
NORML
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War on Drugs; Medical Marijuana
Chapter 16 (#3)
RESEARCH and ARGUMENT AGAINST:Claims by medical marijuana proponents are portraying falsenotion that marijuana use is harmless and misleading people to
believe likewise
1. National Survey on Drugs and Health (NSDUH)
Marijuana the # one abused drug by adolescents second toprescription drug
2. As per National Institute on Drug Abuse
Drug addiction is a progressive disease
The earlier you starts the more likely to develop substance usedisorder
3. Marijuana is addictive and unsafe especially foryoung people
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War on Drugs; Medical Marijuana
Chapter 16 (#3)
RESEARCH and ARGUMENT AGAINST
Evolving scientific evidence indicate frequent andconsistent long-term use lead to potential adverseconsequences like:
Brain functionality
Associated with addiction
Associated respiratory illness
Associated mental illness
Poor motor performance
And cognitive impairment
Among other potentially adverse negative effects underresearch and studies
http://www.whitehouse.gov/sites/default/files/ondcp/issues-content/native-americas/hidta_2011_withtribal_lg.jpg -
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War on Drugs; Medical Marijuana
Chapter 16 (#3)
Research also suggests
One-in-11 people who frequently and consistently used marijuana develop
dependency
Risk increases to one-in-six when use starts during adolescence 2009 statistics show 376,000 nationwide emergency department visits related
to marijuana use
Drug legalization: Threatens public health by increasing drugs availability and dejection
prevention activities Hinders recovery efforts and poses a significant health and safety risk As a harmful drug-its use should be prevented and treated-not encouraged Other than for Federally approved research, use and distribution is prohibited
in the US
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War on Drugs; Medical Marijuana
Chapter 16 (#3)
LAB STUDIESAs only one specific chemical hundreds found in marijuana, pure THC ingestion
consequences through smoking marijuana are vastly different. In addition, the
following cursory studies did not include testing of synthetic THC:
Twenty-one cannabinoids have been clinically evaluated Most testing centered on the psychotropic effects of the compounds
Only eight or nine of the cannabinoids tested for therapeutic utility
Cannabigerol (CBG) cannabinoids show antibacterial activity againstgram-positive bacteria
Effect basic cell metabolism
Cannabinol (CBN) compounds have exhibited anticonvulsant, anti-inflammatory, immunological, and behavioral effects
CBN has also exhibited possible potentiation of THC effects in man.
Cannabidiol (CBD) has exhibited anticonvulsant activity
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War on Drugs; Medical Marijuana
Chapter 16 (#3)
LAB STUDIESHighlighted Chemistry and Elements
Tetrahydrocannabinol (THC psychoactive chemical,),
Dronabinol
Nabilone
Cannabinoids varios form of the cannabanis chemical foundin marijuana
Few cannabinoids have been pharmacologically evaluated and
indications point at health consequences from smoking marijuana tobe likely quite different from through oral ingestion of THC. Mostchronic animal studies have been conducted with oral or intravenousTHC.
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War on Drugs; Medical Marijuana
Chapter 16 (#3)
LAB STUDIESMarijuana's chemistry
Not fully known even though over 400 different chemicals havebeen identified in the plant
Chemical proportions and concentrations are different from plantto plant, due to growing conditions, plant age, harvestingprocesses and storage conditions.
THC levels range from 0.2% to over 10% and it is unknown howsmoking or burning marijuana plant/material affects chemicalscomposition.
It is not possible to reproduce the drug in dosages in acceptedscientific criteria standard.
Hence there is vital need to ensure people in general, with emphasison our younger generations and their beloved ones, understand thereal risks associated with marijuana use.
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War on Drugs; Medical Marijuana
Chapter 16 (#3)COMMENT
If you smoke it, read upon it
One concern for thorough consideration on medical marijuana is safety.According to research, adolescents, as well as the not so well informed seem to bemost vulnerable. This is particularly important in our modern society where moralvalues and standards seem to be dwindling if not already vanished. Throughout mylaw enforcement career, many post raid, arrestees exhibited some peculiarities like a
pinched or pruned faced, sleepy eyed, sluggish and at times numb-like posture.When asked if they did drug, most often the response would be I smoke someweed you check(marijuana) or something to that effect. From this observation andthe ongoing crime turmoils, I can only weight the scales between the good and badconsequences.
In similar comparison, legalized alcohol has evolved into various social andhealth issues that heavily burden our health care system. Continuous research for
cannabis benefit seeking safe administering forms and dosages seems feasibleenough. However, I can see where adversity is knocking at the doors of our societieswith the maladies of addiction, respiratory complication, lack of attentiveness,crime, health cost, and economic windfalls for government and all. It only looks tooobvious, like alcohol, now a terrible drawback, another legalized adversity is in ourcommunity today. We already have enough ailments in our sociological battles for abetter place to live. Adding another through the legalization of an obviously harmful
drug, in my mind, just doesnt cut the cheese.
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Work Cited The Office of National Drug Control Policy, Medical marijuana information.
retrieved from:
http://www.whitehouse.gov/sites/default/files/ondcp/issuescontent/medical_marijuana_information_packet.pdf
Office of National Drug Control Policy. Retrieved from:http://www.whitehouse.gov/ondcp/marijuana
The Office of National Drug Control Policy, Based Prevention, Retrieved from:http://www.whitehouse.gov/ondcp/marijuana
The Office of National Drug Control Policy, Prescription Drug Abuse, Retrievedfrom:http://www.whitehouse.gov/ondcp/prescription-drug-abuse
The Office of National Drug Control Policy, Drug Endangered Children,Retrieved from:http://www.whitehouse.gov/ondcp/dec-info
The Office of National Drug Control Policy, Special Problems, retrieved from:http://www.whitehouse.gov/ondcp/special-populations
ProCon.Org, Marijuana policy states, retrieved from;http://medicalmarijuana.procon.org/view.resource.php?resourceID=000881#details
http://www.whitehouse.gov/sites/default/files/ondcp/issuescontent/medical_marijuana_information_packet.pdfhttp://www.whitehouse.gov/sites/default/files/ondcp/issuescontent/medical_marijuana_information_packet.pdfhttp://www.whitehouse.gov/ondcp/marijuanahttp://www.whitehouse.gov/ondcp/marijuanahttp://www.whitehouse.gov/ondcp/marijuanahttp://www.whitehouse.gov/ondcp/marijuanahttp://www.whitehouse.gov/ondcp/prescription-drug-abusehttp://www.whitehouse.gov/ondcp/prescription-drug-abusehttp://www.whitehouse.gov/ondcp/prescription-drug-abusehttp://www.whitehouse.gov/ondcp/prescription-drug-abusehttp://www.whitehouse.gov/ondcp/dec-infohttp://www.whitehouse.gov/ondcp/dec-infohttp://www.whitehouse.gov/ondcp/special-populationshttp://www.whitehouse.gov/ondcp/special-populationshttp://medicalmarijuana.procon.org/view.resource.php?resourceID=000881http://medicalmarijuana.procon.org/view.resource.php?resourceID=000881http://medicalmarijuana.procon.org/view.resource.php?resourceID=000881http://medicalmarijuana.procon.org/view.resource.php?resourceID=000881http://www.whitehouse.gov/ondcp/special-populationshttp://www.whitehouse.gov/ondcp/special-populationshttp://www.whitehouse.gov/ondcp/special-populationshttp://www.whitehouse.gov/ondcp/dec-infohttp://www.whitehouse.gov/ondcp/dec-infohttp://www.whitehouse.gov/ondcp/dec-infohttp://www.whitehouse.gov/ondcp/prescription-drug-abusehttp://www.whitehouse.gov/ondcp/prescription-drug-abusehttp://www.whitehouse.gov/ondcp/prescription-drug-abusehttp://www.whitehouse.gov/ondcp/prescription-drug-abusehttp://www.whitehouse.gov/ondcp/prescription-drug-abusehttp://www.whitehouse.gov/ondcp/marijuanahttp://www.whitehouse.gov/ondcp/marijuanahttp://www.whitehouse.gov/sites/default/files/ondcp/issuescontent/medical_marijuana_information_packet.pdfhttp://www.whitehouse.gov/sites/default/files/ondcp/issuescontent/medical_marijuana_information_packet.pdf -
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Work Cited
Drug Policy Alliance, Desperate for Relief, retrieved from;http://www.drugpolicy.org/community/movement/desperate-relief
Whitehouse.gov, Drug Driving, Retrieved from: ;http://www.whitehouse.gov/ondcp/drugged-driving
Whitehouse.gov, Women, Girls, Families, and Substance Abuse, retrieved
from: http://www.whitehouse.gov/ondcp/women-children-families
Marijuana Facts, Drugpolicy.org, retrieved from:http://www.drugpolicy.org/facts/drug-facts/marijuana-facts
2011 National Drug Control Strategy, retrieved from:http://www.whitehouse.gov/ondcp/2011-national-drug-control-strategy
About NORML, retrieved from: http://norml.org/about
Drugscience.org, retrieved from:http://www drugscience org/Petition/C8C html
http://www.drugpolicy.org/community/movement/desperate-reliefhttp://www.whitehouse.gov/ondcp/drugged-drivinghttp://www.whitehouse.gov/ondcp/women-children-familieshttp://www.drugpolicy.org/facts/drug-facts/marijuana-factshttp://www.whitehouse.gov/ondcp/2011-national-drug-control-strategyhttp://norml.org/abouthttp://www.drugscience.org/Petition/C8C.htmlhttp://www.drugscience.org/Petition/C8C.htmlhttp://www.drugscience.org/Petition/C8C.htmlhttp://www.drugscience.org/Petition/C8C.htmlhttp://www.drugscience.org/Petition/C8C.htmlhttp://norml.org/abouthttp://www.whitehouse.gov/ondcp/2011-national-drug-control-strategyhttp://www.whitehouse.gov/ondcp/2011-national-drug-control-strategyhttp://www.whitehouse.gov/ondcp/2011-national-drug-control-strategyhttp://www.whitehouse.gov/ondcp/2011-national-drug-control-strategyhttp://www.whitehouse.gov/ondcp/2011-national-drug-control-strategyhttp://www.whitehouse.gov/ondcp/2011-national-drug-control-strategyhttp://www.whitehouse.gov/ondcp/2011-national-drug-control-strategyhttp://www.whitehouse.gov/ondcp/2011-national-drug-control-strategyhttp://www.whitehouse.gov/ondcp/2011-national-drug-control-strategyhttp://www.whitehouse.gov/ondcp/2011-national-drug-control-strategyhttp://www.drugpolicy.org/facts/drug-facts/marijuana-factshttp://www.drugpolicy.org/facts/drug-facts/marijuana-factshttp://www.drugpolicy.org/facts/drug-facts/marijuana-factshttp://www.drugpolicy.org/facts/drug-facts/marijuana-factshttp://www.drugpolicy.org/facts/drug-facts/marijuana-factshttp://www.whitehouse.gov/ondcp/women-children-familieshttp://www.whitehouse.gov/ondcp/women-children-familieshttp://www.whitehouse.gov/ondcp/women-children-familieshttp://www.whitehouse.gov/ondcp/women-children-familieshttp://www.whitehouse.gov/ondcp/women-children-familieshttp://www.whitehouse.gov/ondcp/drugged-drivinghttp://www.whitehouse.gov/ondcp/drugged-drivinghttp://www.whitehouse.gov/ondcp/drugged-drivinghttp://www.drugpolicy.org/community/movement/desperate-reliefhttp://www.drugpolicy.org/community/movement/desperate-reliefhttp://www.drugpolicy.org/community/movement/desperate-relief