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Invisiblebigmike7104
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the feds and pot laws
    #14336224 - 04/22/11 11:47 PM (12 years, 9 months ago)

it's my understanding that the federal government uses the commerce clause in trying to stop states from legalizing pot. this says

Quote:

[The Congress shall have Power] To regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes;





but notice it says regulate commerce among several states. so if a bill legalizing it include a provision that said it could only be produced in the state and sold to citizen's of that state only, wouldn't the government not be able to use that argument. this would also obviously apply to existing medical marijuana states.

also it's interesting to note that texas uses this argument in being the only state to have it's own power grid.

Quote:

The local utilities that comprise ERCOT have pledged not to sell their power to interstate customers. As a result, the interconnection is exempt from most regulation by the Federal Energy Regulatory Commission, the Beltway agency that governs the transmission of electricity from state to state—say, by mandating transmission standards, or requiring that prices be listed in public forums. ERCOT's resistance to federal regulation plays well in President Bush's native land, where meddling from Washington, D.C., is generally abhorred.



http://www.slate.com/id/2087133/


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Over thinking, over analyzing separates the body from the mind
Withering my intuition, missing opportunities and I must
Feed my will to feel my moment drawing way outside the lines


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InvisibleAnnapurna1
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Re: the feds and pot laws [Re: bigmike7104]
    #14342089 - 04/24/11 03:34 AM (12 years, 9 months ago)

Quote:

but notice it says regulate commerce among several states. so if a bill legalizing it include a provision that said it could only be produced in the state and sold to citizen's of that state only, wouldn't the government not be able to use that argument. this would also obviously apply to existing medical marijuana states.




that has already been tried..and the SCOTUS ruled against that logic in wickard vs filburn (1942).. which held that the commerce clause automatically applies to anything that can be carried across a state line..whether it is or not...

the SCOTUS later used the result from wickard to overturn californias' medical marijuana law in raich vs ashcroft (2005)...


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Invisiblebigmike7104
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Re: the feds and pot laws [Re: Annapurna1]
    #14343293 - 04/24/11 12:24 PM (12 years, 9 months ago)

i also saw that like 23 states introduced the firearms freedom act and 7 already passed it using the argument that if guns are made and sold in the state only it's exempt from federal laws, and montana is in court right now as the original state that passed it

but i guess that's going to go nowhere too


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