id	author	title	date	pages	extension	mime	words	sentence	flesch	summary	cache	txt
inlawrev-12058	Weber, Tim	Would Government Prohibition of Marijuana Pass Strict Scrutiny?	2013	28	.pdf	application/pdf	13134	732	62	STRICT SCRUTINY APPLIED If a court were to apply strict scrutiny to the federal prohibition of marijuana use, the federal government would have to show a compelling interest in prohibiting marijuana use as well as demonstrate that complete prohibition of marijuana is narrowly tailored to further that interest.178 A. Compelling Interest The first aspect of strict scrutiny is the government’s responsibility to show that it has a compelling interest in restricting the right.179 Examples of compelling government interests the judiciary has accepted as “compelling” include protecting children from abuse180 and preventing voter fraud.181 Three interests the federal government could give to warrant marijuana prohibition are 177. B. Narrowly Tailored Even if the government can scrape up a compelling interest for infringing on the bodily autonomy right through marijuana prohibition, it must also demonstrate the current law of a complete marijuana prohibition is narrowly tailored to meet whatever compelling interest is cobbled together.211 There are two reasons that any government attempt in this regard would fail: (1) the current prohibition on marijuana use also prohibits the growing of industrial hemp; and (2) the current prohibition on marijuana use also prohibits the use of marijuana as a medical remedy.	cache/inlawrev-12058.pdf	txt/inlawrev-12058.txt