BUSINESS LAW

Business Law

Table of Contents

Table of Contents .2

Business Law .3

Business Law

Issue

The issue in the case at bar is whether or not Mr . Jones should be held accountable for violation of the Controlled Substance Act or should he be exonerated by virtue of the state of Florida 's law legalizing the act charged

Rules

One of the applicable laws for this specific case is the rule in statutory construction regarding a specific and general law that addresses similar matter . According to

the rules of statutory construction when two laws , a general and specific law , which can apply to a federal law (general law ) and a state law (specific , the specific law shall prevail

Similarly , another rule in statutory construction states that with a prior and a recent law , the current law is believed to have an effect of amending the prior law

Application

Under the rules of statutory construction , between a specific and a general law , the specific law is controlling . With the case at bar , the state law can be compared to that of a specific law , which among others legalizes marijuana use at home and for some medical purposes . On the other hand , the Federal law can be compared to that of a more generalized law , which among others , prohibits marijuana use in general Applying the rules on statutory construction , it can be said that the Florida state law is more controlling , thereby permitting marijuana use for selected purposes and on specific conditions that it can be allowed to be used at home . While the federal law prohibits marijuana use in general , it does not qualify to specifically mention exemption , which is then explicitly provided by the specific state law permitting marijuana use at home and for medical purposes

In addition , another rule of statutory construction states that between a prior law (Federal law ) and a current law (state law , the current law have an effect of amending substantially the prior law up so such extent that they may be inconsistent . In the case at bar , The Federal Law prohibiting marijuana use was enacted in 1970 . On the other hand , the Florida state law allowing marijuana use in some instances was enacted in 2007 . This only means that the more recent law , which is the Florida state law , has an effect of amending the prior Federal law by providing as an exemption to illegal marijuana use , the use of marijuana at home and for medical purposes

Under the Florida State law , Mr . Jones is allowed to sue marijuana inside his home for some legal purposes . If it be proven that Mr Jones ' use of marijuana is medially prescribed or for medical purpose then the more that the Florida State law protects him against arrest from the Drug Enforcement Administration

Conclusion

With premises considered and granting that Mr . Jones is a resident of Florida , of which his correct address was no where mentioned in the case , it can be said that the Drug Enforcement Administration...