Marijuana Reclassification &quot;Marihuana&quot; is a Schedule I drug. What will it take for marijuana to be reclassified into a federally legitimate (available anywhere over the counter and could be used recreationally by anyone over 18) drug? https://www.fda.gov/news-events/public-health-focus/fda-and-cannabis-research-and-drug-approval-process
The controlling federal (US) law is: 21 U.S. Code § 812 - Schedules of controlled substances 21 US Code 812 and &quot;Marijuana&quot; is specifically listed among Schedule 1 substances. Just as with any other federal law, for this to be changed, Congress would need to amend or repeal this statute so that Marijuana no longer appears in the list and the act would then need to be signed into law by the President, allowed to take effect without signature, or vetoed and overridden by Congress. I suppose another possibility would be for a federal court to rule that 21 U.S. Code § 812 (or Marijuana's inclusion in the list) is unconstitutional.
It is quite likely that a constitutional amendment was (and is) not needed to ban alcohol. For example, if the Controlled Substances Act is constitutional (and I have no reason to believe it isn't) then alcohol could be added to it tomorrow and it could be removed the day after tomorrow. Right there is the reason that you choose to use a constitutional amendment - it is as hard to reverse as it was to enact; it needs another constitutional ammendment.
A partial answer (for a manufacturer) is "look it up" – that may tell you if a determination has been made by the FDA. If so, it is not new and may require a less extensive review the next time it is included in a new drug product. For example, if a particular inactive ingredient has been approved in a certain dosage form at a certain potency, a sponsor could consider it safe for use in a similar manner for a similar type of product (the FDA says). The legal part doesn't explain how it is scientifically determine that an inactive ingredient raises safety concerns but to take on example, wheat gluten is in the Inactive Ingredient Guide. This article gives a bit of analysis of the factors that sponsors have to consider in shouldering their burden of proof. If you want to manufacture a new vaccine, you have to show (the FDA) that it is safe. If you dilute the vaccine with water, that ingredient is not a "safety factor". Benzalkonium chloride could be (you would have to show that it isn't), and if it is, that regulation requires you to list it. What's not specified clearly is how many adverse reactions per million doses constitute being a safety factor.
There are several elements working in your friend's favor. The first is "guilty beyond a reasonable doubt." In an entrapment case, the police have recordings or documents claiming that the "girl" was underaged. If there is no such smoking gun from the (real) girl, the case (probably) would not be prosecuted in the U.S. He doesn't have to prove that she told him she was 18; "she" (or the police) has to prove that she told him she was "not." The second factor is "remoteness" in time, and distance. Two years after a U.S. state sent me a "nasty letter," I asked my lawyer if the state would ever come after me. He answered, "If they were going to do this, you would have heard further by now." The other factor, distance and cross border, (three countries: Turkey, the U.S., his home country) further militates against prosecution except for highly aggravating circumstances such as drug dealing, gambling, or sex for pay. A third factor is that your friend would not come close to qualifying as a "serious offender." This would be someone like a drug dealer, or the head of a "call girl" ring. The cops concentrate their effects on big "busts" like this that make their careers, not "small fry" like your friend. But of course they use the publicity from the big catches to scare everyone else. While there is no "guarantee" against "the worst possible consequences," the chances of them happening are similar to his getting hit by lightening, and less than his chances of being hit by a car crossing the street. No one stresses out about those chances. He shouldn't either. I am not a lawyer but I have done paralegal work in a law office.
IANAL, and I don't live in America, but some of this depends on their intent. If they gave the drugs away by mistake, they probably have not broken any laws. If they were given away deliberately (and you would need to prove this &ndash; which might be hard) then yes, he has broken laws. Either way, I expect you have a right to compensation (i.e. $900) from the physician to "make you whole again." If required necessary you could file for that in your local small claims court: The physician will either come to the party pretty quickly and sort it out, or the court will award you the money you need to buy the replacement meds. (But you will need to evidence the replacement cost, for a start....)
It isn't clear that the example you give is illegal police action, but let's assume that it is for the sake of this question, since it doesn't affect the analysis. If possession is not compelled, then it is voluntary.
The US child porn law is Chapter 110 of Title 18. It refers to a "minor", defined as anyone under 18. Sexually explicit conduct is defined, which you can read about. Regarding distribution (not production), 18 USC 2252 (A)(1) identifies as an offender anyone who knowingly transports or ships using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce by any means including by computer or mails, any visual depiction, if— (A) the producing of such visual depiction involves the use of a minor engaging in sexually explicit conduct; and (B) such visual depiction is of such conduct; "Affecting interstate commerce" is a term of legal art that means "doing, at all", which relates the law to the Commerce Clause and givers the federal government jurisdiction. There is a big interstate trade in child porn, and absolutely restricting distribution of child porn is part of what's necessary to regulate this form of interstate commerce (see Wickard v. Filburn, 317 U.S. 111 (1942): "affecting interstate commerce" can be found even when a farmer grown wheat for home consumption). There is no overriding of the law in case the minor is now an adult, and there is no overriding of the law if the producer, purchaser or distributor is the child in the porno. The core prohibition is 18 USC 2251, and distribution is covered in (d)(1), which defines the person to be punished as one who knowingly makes, prints, or publishes, or causes to be made, printed, or published, any notice or advertisement seeking or offering— (A) to receive, exchange, buy, produce, display, distribute, or reproduce, any visual depiction, if the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct and such visual depiction is of such conduct; or (B) participation in any act of sexually explicit conduct by or with any minor for the purpose of producing a visual depiction of such conduct;
It is capitalized because the word NEXIUM has a conspicuous definition. In other words, they're using it in the specific way they have defined it to mean. This is to differentiate it from any other meaning it may have in some other context. Obviously with NEXIUM, it's a word they just made up and it's very unlikely that it could ever be confused with anything other than their particular drug. But what if the drug were called PRAXIA? The word praxia might be confused with the medical term. It's also the name of a city in Romania (I just learned that while looking that word up). But PRAXIA in all caps refers specifically to their drug, and there can be no ambiguity between that and other uses of the term. This is especially important for drugs, since they are legally required to disclose the side effects in their advertising, and you wouldn't want someone potentially confusing the name of the drug with the condition it treats. You see this in contracts as well. When a contract provision is written in ALL CAPS, it is done to conspicuously call attention to the text, either because it is redefining an established legal term or is modifying rights you may have under the law (e.g. LIMITED WARRANTY, SEVERABILITY, BINDING ARBITRATION, etc.) There is no established rule for this, by the way. It's mostly a matter of style. Some laws require conspicuous disclosure of certain provisions in contracts, so ALL CAPS has traditionally been used to meet that requirement. NOTE: The term "Nexium" (not in caps) is simply the registered trademark for the drug. It simply protects their intellectual property (i.e. the name), and isn't intended to describe or define anything in a legal way. Fun fact: Subway got sued for making "Footlong" sandwiches that were not actually 12 inches in length. They tried to argue that "Footlong" was a trademark and not intended to convey the length of their sandwiches. They settled the lawsuit, because really, that's a jackass move right there. I wonder, though... If they'd called it a FOOTLONG, would that have made a difference? ;-)