America’s relationship with marijuana has been conspicuosly tumultuous and political. In this century, marijuana, a substance that has enjoyed a rich medical history dating back thousands of years, has been relegated to merely another target in the war on drugs. Such a war has been responsible for thousands of casualties in individuals suffering from illnesses such as cancer and AIDS, who cannot receive legally a form of treatment which can relieve their pain. Consequently, many otherwise law-abiding citizens have been forced to violate federal law. In many cases, these same individuals face criminal prosecution and possible incarceration. The recent burgeoning of medical marijuana laws in states throughout that country suggests that Americans will no longer tolerate this treatment of the seriously ill. The federal government could elect the respect to the will of people by rescheduling marijuana or by exercising their prosecutorial discretion in a way that formally ends the prosecution of medical marijuana patients. It also can choose to protect the citizens against themselves. If so, should it be consistent with the notions of fairness, liberty and justice?