JUS430_T1_Memorandum of Law
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School
Grand Canyon University *
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Course
430
Subject
Law
Date
Feb 20, 2024
Type
docx
Pages
2
Uploaded by CountGrouse3970
Whalling Law Group, PLLC 3300 West Lakeview Blvd.
Office 221B
Phoenix, AZ 85017
Memorandum of Law
To: Kevin Whalling, Esq.
From: Noah
Date: 1-21-24
Subject: Memorandum of Law: Societal Determinations of What Is Criminal
Issue
Mr. Whalling's task is to draft a strong Memorandum of Law for the Senate Judiciary Committee of the Arizona State Legislature, arguing in favor of the legalization of marijuana cultivation by the Arizona Marijuana Growers
Association (AMGA) in light of the evolving legal and societal perceptions of marijuana usage.
Facts
Social norms determine what is considered normal, abnormal, or illegal; these norms are frequently shaped by cultural values, moral convictions, and legal systems. In American history, two prominent examples of behaviors that went from illegal to lawful are alcohol consumption and some forms of adulterous sexual activity
between consenting adults.
“
All states prohibit providing alcohol to persons under 21, although states may have limited exceptions relating to lawful employment, religious activities, or consent by a parent, guardian, or spouse” (FTC 2023, p.1). These behaviors were illegal during the early 20th century Prohibition but were legalized again after the 21st Amendment. These cases highlight the dynamic nature of legal statutes and societal standards; laws criminalizing consenting same-sex partnerships have also been reversed, demonstrating a change in societal attitudes toward sexual orientation.
Discussion
States such as California and Colorado have created extensive legal frameworks that permit the cultivation of marijuana for both medical and recreational purposes. “In 1996, California became the first state to permit legal
access to and use of botanical cannabis for medicinal purposes under physician supervision with the enactment of the Compassionate Use Act” (NIH 2017, p. 3). These frameworks include requirements for licensing, quality control procedures, and tracking systems to guarantee product safety and regulatory compliance. Moreover, these states have created business regulations and tax structures that are unique to the marijuana industry. These instances offer a model of well-established legal precedents that may guide the creation of marijuana production regulations in Arizona. “In 2011, the Department of Justice (DOJ) announced that although individuals could grow and use small amounts of medical marijuana, the DOJ would criminally prosecute growers of more than 100 plants and individuals involved in the commercial marketing and sale of marijuana” (Lippman 2023, p. 20). Despite the evolving state-level legalization movements, the DOJ's 2011 position reflects a nuanced approach to medical marijuana, allowing limited cultivation for personal medicinal use while maintaining strict controls against large-scale production and commercial activities. It also emphasizes the complexity of integrating state and federal laws regarding marijuana cultivation and distribution, and highlights the federal government's efforts to balance compassion for patients with the enforcement of drug laws.
Conclusion
The state's evaluation of legal precedents, societal attitudes, and potential benefits like tax revenue and job creation will determine whether Arizona moves toward passing legislation for the legalization of marijuana farming. A more liberal public opinion toward marijuana, as demonstrated by the legalization of the drug for a number of purposes in several states, indicates that Arizona might follow suit if it fits with the state's economic and social priorities.
Note regarding citations:
Be sure to cite three to five relevant scholarly sources in support of your content. Because of the practical limitations of the course, you will not be learning legal citation work such as what would be found in the Bluebook, a citation tool utilized by attorneys. Instead, you will follow APA formatting for citation work. Remember to still cite in your legal memorandum (case law, etc.), and create a separate document for citations
.
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