Proposition 19, also known as the Regulate, Control and Tax Cannabis Act of 2010, is a California ballot proposition which will be on the November 2, 2010 California statewide ballot. It legalizes various marijuana-related activities, allows local governments to regulate these activities, permits local governments to impose and collect marijuana-related fees and taxes, and authorizes various criminal and civil penalties.[1] In March 2010 it qualified to be on the November statewide ballot.[2] Tax Cannabis 2010 is the official advocacy group for the initiative.
Even if the proposition is passed, the sale of marijuana will remain illegal under federal law via the Controlled Substances Act; however, both the willingness and the de facto ability of the Federal government to enforce such a law without the support of the government of California are questionable.
The federal Controlled Substances Act makes it a felony to grow or sell cannabis. California can repeal its own marijuana laws, leaving enforcement to the feds. But it can't legalize a federal felony. Therefore, any grower or seller paying California taxes on marijuana sales or filing pot-related California regulatory paperwork would be confessing, in writing, to multiple federal crimes. And that won't happen.
True, Atty. Gen. Eric H. Holder Jr. has announced that the Justice Department will not prosecute people who are selling medical marijuana in compliance with California's law. But that's an entirely different matter....The feds can afford to take a laid-back attitude toward California's medical marijuana trade because it's unlikely to cause much of a trafficking problem in the rest of the country. Because dispensaries' prices are just as high as those for black-market marijuana, there's not much temptation to buy the "medical" sort in California and resell it out of state.
By contrast, the non-medical cannabis industry that would be allowed if Proposition 19 passed would quickly fuel a national illicit market....As a result, pot dealers nationwide — and from Canada, for that matter — would flock to California to stock up. There's no way on earth the federal government is going to tolerate that. Instead, we'd see massive federal busts of California growers and retail dealers, no matter how legal their activity was under state law.
Sure. But lets look at that a little differently.Can the executive branch pull enforcement in California?
Sure. But lets look at that a little differently.
-The Fed Gvmnt passes a ban on 'assault werapons'.
-A pro-gun President announces that the Fed Gvmnt will no longer enforce the ban in states that have no similar ban.
-Ohio has no such state ban.
-Thus, the federal ban on 'assault weapons' no longer exists in OH.
Oh. Wait. That's different.
This is just a dangerous issue. Lets say California legalizes marjiuana and an industry grows, it spreads out to other states and Obama decides to be laid back with their authority on this issue, the industry continues to grow. Then Obama is not reelected and a newly appointed conservative president say's marjiuana is illegal and its time to crack down. This would be like stopping deer hunting all together for 10 years, then opening it back up. STRAIGHT UP OPEN SEASON.
What did I saiy? Oh, yeah -You mean "let's look at a completely different situation."
Oh. Wait. That's different.
You mean "let's look at a completely different situation."
Marijuana and "assault weapons" are not really equivalent for numerous reasons. Plus, I personally think the AWB is mostly insanity. It focuses on a lot of cosmetic nonsense or weapons that nobody really uses to commit crimes anyway. (you don't mug someone with an assault rifle. you use a pistol or knife)
[/gunderail]
The Feds will trump the California law, no doubt. It will be confusing. But, what's really important is, “As California goes, so goes the nation.” It may take some time, but, the end of prohibition is nigh.
Marijuana advocacy groups urge Obama to withdraw nomination of Michele Leonhart | Raw StoryA number of medical marijuana advocacy organizations are urging President Obama to withdraw his nomination of Michele Leonhart to serve as the Administrator of the Drug Enforcement Agency (DEA). ...
Of concern to these groups, under Leonhart's administration, the DEA has raided a number of legal medical marijuana growers and dispensaries. In one case, the DEA raided the very first person to register for a medical marijuana cultivation permit, a sixty-nine year old woman from Mendocino County in California, even though her personal marijuana garden had been inspected and approved by the local sheriff.
As reported by The Press Democrat, according to the Mendocino County Sheriff, the medical marijuana grower had the proper paperwork and the marijuana was legal in the eyes of the county.
"Michele Leonhart continues to wage war on sick people and their caregivers, undermining the Obama Administration's otherwise compassionate medical marijuana policy," said Bill Piper of the Drug Policy Alliance. "Obama needs to withdraw her nomination and nominate someone who will follow the stated policies of his administration."
As reported by The New York Times in 2008, Attorney General Eric Holder has claimed that the Obama administration would end the Bush administration's policy of raiding medical marijuana dispensaries and restrict itself to only raiding drug traffickers who “use medical marijuana laws as a shield.”
In addition, Deputy Attorney General David Ogden told federal agents in an 2009 memo to not target people in "clear and unambiguous compliance with existing state laws providing for the medical use of marijuana." ...
Can the executive branch pull enforcement in California? I.E. just order the DEA not to pursue marijuana enforcement in California. I imagine this would have to come all the way from the white house.
Or would this require a change to the federal law via congress?
***
Yes California and other states can make drugs legal within their borders. Article IV Section III Clause II states, "The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State." The only thing federal law affects is the territories and possessions owned by the United States government. However, if said drugs are shipped across lines then Article I Section VIII Clause III, Article I Section IX Clause V-VI, and Article I Section X Clause II comes into effect.
To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
No Tax or Duty shall be laid on Articles exported from any State.
No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another; nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.
No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it's inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.
Seeing how it didn't drop when they made so called medicinal marijuana legal I seriously doubt that the price is going drop unless every pothead in the state starts growing their own. I can see more hydroponic shops opening up and the price of hydroponic solutions, air stones, grow rocks, air hoses, net baskets and other hydroponic related stuff going up. I do not have a problem with it being legalized. I can see the feds arresting someone with several plants in his yard and this going all the way to SC,which hopefully the Feds authority on this issue of marijuana gets struck down. All that said I never bought in the BS medical marijuana, I am sure there are some people who it helps but I think the majority are just phonies using very loose standards to get a prescription.
Hmm, seems as this discussion is largely moot in reference to prop 19. It failed to pass.
And IMO it's a good thing it didn't pass.
IMO it's a good thing it didn't pass.
why? (ten characters)
I cannot speak for him, but I am for the legalization of all drugs, because the state shouldn't interfere in the people's affairs and because it would end the useless drug war. But I was against prop 19 due to the massive restrictions and legal implications that came with it. I do not feel it should be treated like alcohol, or alcohol should be treated like it is. It should be legal for 18 and up or 16 and that is it. No other small print or other nonsense that prop 19 came riddled with.
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