Was just thinking about this so bear with me. The 8th amendment mentions no cruel and unusual punishment. Now in reality jail time for marijuana is vastly more damaging then the drug itself. Therefore jail time for marijuana could be seen as cruel punishment for that fact. Ofcourse Im not sure how well this argument holds up. I do know that the first marijuana law, the marijuana tax act of 1937, was proven unconstitutional. But then in 1970 the controlled substances act was passed and marijuana was added to the list. For a little while though it was legal thx to Timothy Leary challenging it on the supreme court level. Im not real aquainted with the workings of the controlled substances act other than that pretty much any new drug is placed on the list with the exception of some "natural" drugs such as salvia. They are placed in a scedule then if the drug is found to be more harmful, for instance ecstacy, they mearly move it a schedule so instead of getting special acts passed by congress they can make a substance illegal litterally overnight. So what Im asking is in the right of the punishment not befitting the crime does marijuana fall into this catorgory and if so could it be seen as cruel and unusual?
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