Q: In American jurisprudence why can the police make marijuana a crime and lock people up for it without strict scrutiny?
It\'s my understanding that the DEA and FDA decide what goes on the list of controlled substances. If the police, in a time of peace, can deprive someone of their liberty for something they themselves have determined is a crime and the only appeal as to whether that substance is on the list by error or not is to the police themselves, then how can this constitute due process? It was my understanding that felony laws depriving someone of their liberty would need to meet strict scrutiny.
EDIT: I don\'t think it\'s strictly true that the legislature necessarily makes the laws. Most laws in the US are made by administrators. It\'s my understanding congress never debated marijuana or passed any laws against it yet people are in prison for life because the DEA has decided it has a \"potential for abuse\", not congress. There is no appeal. Warren Redlich has a paper on this. http://www.redlichlaw.com/crim/substantive-due-process-drug-war.pdf
A: It is the legislature that makes up the statute and enacts the laws, the police do not do this. You are wrong about that in my opinion. Did you know that there are bills in front of the US legislature on this subject, right now?
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
