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circastes
Big Questions Small Head



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Can someone explain the current state vs. federal laws on cannabis?
#19430562 - 01/16/14 09:36 PM (10 years, 13 days ago) |
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I'm just trying to understand how MJ is illegal federally, Schedule 1 in fact, and yet the states can legalise and sell it / possess it etc.?
How does that work?
I have no understanding of the American legal system etc., I'm actually Australian too. Just wanna know what's going to happen with this conflict.
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Echro
Psychedelic Nihilist



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Re: Can someone explain the current state vs. federal laws on cannabis? [Re: circastes]
#19430686 - 01/16/14 09:59 PM (10 years, 13 days ago) |
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Nullification I believe. The States are pretty much saying fuck you to the fed, our State law trumps your dictates. The Federal Gov't could shut them down just like how the D.E.A. has fucked with medical marijuana clinics here in CA, but I doubt they'll waste the resources. For now, anyway. I'm sure it's kinda convenient that two states legalized at once too.
-------------------- "People who take Life seriously are going to find it slipping through their fingers in a very maddening fashion." ~ Terence McKenna "You still want to go on living on your knees. But I have understood life. And anyone who understands life cannot live on his knees." ~ Renzo Novatore
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MrHill
Tripper



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Re: Can someone explain the current state vs. federal laws on cannabis? [Re: circastes]
#19430691 - 01/16/14 10:00 PM (10 years, 13 days ago) |
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Basically, the state's can over turn Federal like they have if they want to. But then they have a strong possibility of the feds not funding the state with grants, etc anymore. The Obama administration currently seems to allow both WA and CO to legalize marijuana. Hopefully this love will spread!
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starfire_xes
I Am 'They'



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Re: Can someone explain the current state vs. federal laws on cannabis? [Re: MrHill]
#19431317 - 01/17/14 12:09 AM (10 years, 13 days ago) |
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Quote:
Parrott said: Basically, the state's can over turn Federal like they have if they want to. But then they have a strong possibility of the feds not funding the state with grants, etc anymore. The Obama administration currently seems to allow both WA and CO to legalize marijuana. Hopefully this love will spread!
Quote:
Parrott said: Basically, the state's can over turn Federal like they have if they want to. But then they have a strong possibility of the feds not funding the state with grants, etc anymore. The Obama administration currently seems to allow both WA and CO to legalize marijuana. Hopefully this love will spread!
The Obama administration doesn't fully challenge the state marijuana laws for one reason.
Obama hates states rights--he is an Authoritarian Statist. He can't risk having one of these marijuana cases get to the supreme court and losing the argument of states rights vs. federal powers, federal law trumping state laws, etc, because if the Federal Government loses and a new precedent is set, a Plethora of laws, rules, and regulations the federal government uses to empower themselves could possibly be nullified or severaly restricted.
Therefore it makes sense for him to more or less ignore the marijuana issue--he knows marijuana isn't really the horror it is made out to be so he lets it slide to avoid a challenge that might ultimately threaten more intrusive federal policies towards the states.
That's my opinion.
I mean, the guy might be a fucking tool but he isn't stupid.
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Echro
Psychedelic Nihilist



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Re: Can someone explain the current state vs. federal laws on cannabis? [Re: starfire_xes]
#19431570 - 01/17/14 01:33 AM (10 years, 13 days ago) |
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Great analysis Starfire. Made so much fucking sense 
-------------------- "People who take Life seriously are going to find it slipping through their fingers in a very maddening fashion." ~ Terence McKenna "You still want to go on living on your knees. But I have understood life. And anyone who understands life cannot live on his knees." ~ Renzo Novatore
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luvdemshrooms
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Re: Can someone explain the current state vs. federal laws on cannabis? [Re: MrHill]
#19431916 - 01/17/14 05:22 AM (10 years, 13 days ago) |
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Quote:
Parrott said: Basically, the state's can over turn Federal like they have if they want to.
Incorrect.
A state can pass it's own laws, but Federal law trumps State law. This is seen in examples such as Arizona passing immigration laws that were stricter than Federal law and then the courts bitch-slapped Arizona.
~~~~~ "According to the Supremacy Clause (Article VI, clause 2) of the United States Constitution,
This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.
As the Supreme Court stated in Altria Group v. Good, 555 U.S. 70 (2008), a federal law that conflicts with a state law will trump, or "preempt", that state law:
Consistent with that command, we have long recognized that state laws that conflict with federal law are “without effect.” Maryland v. Louisiana, 451 U. S. 725, 746 (1981)" ~~~~~
http://en.wikipedia.org/wiki/Federal_preemption
Quote:
But then they have a strong possibility of the feds not funding the state with grants, etc anymore.
The feds use that tactic to get the States to do what the Feds want, yes. Good examples are the 55mph speed limit and seat belt laws.
-------------------- You cannot legislate the poor into prosperity by legislating the wealthy out of prosperity. What one person receives without working for another person must work for without receiving. The government cannot give to anybody anything that the government does not first take from somebody else. When half of the people get the idea that they do not have to work because the other half is going to take care of them and when the other half gets the idea that it does no good to work because somebody else is going to get what they work for that my dear friend is the beginning of the end of any nation. You cannot multiply wealth by dividing it. ~ Adrian Rogers
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Enlil
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Re: Can someone explain the current state vs. federal laws on cannabis? [Re: circastes]
#19432120 - 01/17/14 07:29 AM (10 years, 13 days ago) |
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Quote:
circastes said: How does that work?
There is a lot of incorrect and irrelevant information in this thread....along with a bit of accurate information. Here is a real explanation from a real lawyer:
The basic rule in the U.S. is that everything is legal unless there is a law prohibiting it. Under that basic rule, weed was fully legal at one point in history because no one had yet banned it.
The U.S. system, called "federalism", has two levels of government that are both considered "sovereigns". The federal system which covers the entire U.S. and the state systems which cover the individual states. All of these sovereigns (50 states+federal) can make their own laws.
5 years ago, every state and the federal government had laws on the books prohibiting possession of marijuana. That makes it illegal. Recently, CO changed their laws to allow marijuana, so that state doesn't have a law prohibiting it. Nonetheless, the federal law prohibiting it is still in effect in all of the U.S.
This means that the state can't prosecute people for possession of weed, but the federal government still can.
The preemption issue brought up by luvdemshrooms is true, but it really isn't relevant to this particular issue, since no law is really being preempted. It boils down to the fact that there used to be two laws against weed possession in Colorado (state and federal)...now there is just one (federal). It's just as illegal either way, though.
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Phred
Fred's son


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Re: Can someone explain the current state vs. federal laws on cannabis? (moved) [Re: circastes]
#19432439 - 01/17/14 09:51 AM (10 years, 13 days ago) |
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This thread was moved from Political Discussion.
Reason: Drug Policy Reform material. Moved.
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circastes
Big Questions Small Head



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Re: Can someone explain the current state vs. federal laws on cannabis? (moved) [Re: Phred]
#19434215 - 01/17/14 05:26 PM (10 years, 12 days ago) |
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Ahh I see I see. Interesting. Thanks all!
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