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Legalization of Marijuana Marijuana has been around since the beginning of time and has been used safely by people of all cultures. Since the 1930's, it has been illegal to cultivate or possess marijuana in the United States due to a perceived danger when used. According to the 9th amendment of the United States Constitution, "The enumeration in the Constitution of certain rights shall not be considered to deny or disparage others retained by the people." The most fundamental right is the right to control your own body, therefore, the legalization of marijuana for medicinal and recreational u