Curious about the technicalities of the law.

Discussion in 'Marijuana Legalization' started by rick eldritch, Apr 13, 2019.

  1. So I was wondering how the whole marijuana legalization thing worked, in the several US state that have done so. The Supremacy Clause says that Federal law, is dominant over state law. So I normally would presume it is a logistical matter. It's hard to enforce federal drug laws, without active support from state law enforcement. However if logistics were the major enforcement problem, Federal law agents would shut down our dispensaries, (I live in Oregon,) it isn't like they aren't licensed. So this must mean that the Federal government is what, opting out in states that have legalized?
     
  2. I think the feds have opted not to enforce federal law and allow the states to handle it. They could change that at any time and start busting dispensaries and some federal prosecutors did do that under Obama. They still concern themselves with enforcing laws against smuggling pot into the country, that's more under their jurisdiction. We won't have true legalization until after cannabis is taken off the scheduled drug. Even in legal states we still have these bullshit regulations about how many plants we can grow and what we can do with the product after it's harvested.

    Are you doing a research paper for school?
     
    • Agree Agree x 1
  3. The 10th amendment grants states the powers to make their own laws.

    The Feds haven't tried to stop the States from legalizing because they know they will lose when it goes to court. The States are not responsible for enforcing the Federal prohibition of cannabis.
     
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