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Discussion in 'Marijuana News' started by Mozambiqua, Dec 29, 2012.
Parts of Colorado's pot legalization strategy exported to other states - The Denver Post
This "plan" is for four years down the road in the next presidential election because more young voters will come out to vote but there will be several state's legislature will be putting bills through before that.
Especially in any state where a ballot initiative is available,,because politicians will want complete control of the regulations instead of depending on the voters giving them the control they want.
Oregon's state legislature already has members making noises about it now.
The tides are turning! The tides are turning! The war is almost over folks just have to be patient things are working in our favor. Now all we have to do is keep up the work and the victory will be ours!
Oh I agree with you that the tide IS turning but the war is far from over. A simple injunction by a federal judge declaring the two laws in CO and WA to be unconstitutional would have a serious negative effect on things. In such a case, the prohibitionists in those states would take the lead and call for a moratorium on both laws until the Supreme Court rules on it....which could be years if at all. The weak assed politicians would love that.
It ain't going to happen,,if the feds could stop legalization with an injunction from a federal court they would have done it to mmj when CA passed 215,,which in essence legalized distribution and production of marijuana but to a limited market.
Which was over 15 years ago... hmmm
Exactly. Colorado and Washington have started the domino effect for legalization across the world. Eventually the feds will have no choice but to remove or reschedule cannabis from the controlled substance act.
does washington have less strict laws than colorado?
^^^CO allows personal grows and WA doesn't
I've told myself before and I still stand by it, I'll register to vote next time Cali proposes legal marijuana
That's bullshit that they don't allow personal grows. I mean, that's the least harmful of any form. Just ridiculous.
I've noticed a large number of state officials across the board have begun to speak aloud about the need for legalization.
Yes technically you can't grow in Washington but the laws are so relaxed now I bet most cops wont care or even know that everyone is growing thier own personal bud.
Let's hope so. I just wish BO wasn't so wispy washy about it though.
I haven't seen wishy washy,,he is doing just what his bosses tell him too,,and if we could get one of those face and body language experts to analyze his interview with Walters it would probably show he is uncomfortable doing their bidding but,,big money put him in there and until the banksters and corporatist change his orders he and congress will drive this country into the ditch if that's what they want.
Of course,,when our economy trashes all their wealth or most of it vanishes along with our society. And it won't be just the US,they will drag the entire world into it,,can you say "hunter/gatherers"? And bartering for your existence or even killing to survive?
I'll be at a lake 16 miles from my house growing marijuana for bartering.clothing,food and fuel to go with the fish.
Seems like such a pipe dream to have something like Amsterdam here in he US. I hope I can hang out at a restaurant or bar in the US, go outside and smoke a bowl legally.
Prop 215 did not have some of the provisions that the CO and WA laws have. There is no provision for any kind of state regulated production or distribution of marijuana within California's medical marijuana laws.
The feds cannot stop CA, WA, or CO from carving out exceptions to their marijuana possession laws (CA for medical use, WA and CO for recreational use by adults), however they may be able stop the state regulated production and distribution of marijuana in CO and WA.
In the first instance the states simply do not have laws prohibiting possession under certain circumstances. The federal government cannot require states to have laws prohibiting marijuana possession.
In the second instance you have states requiring their citizens to participate in activities that are federally illegal; production and distribution of marijuana. This is direct conflict and is subject to the Supremacy Clause and the Commerce Clause (Raich v. Gonzales etc...).
If the feds do go after CO and WA it will be for the state regulation of a federally illegal activity. They may be able to win an injunction against the two states for those parts of their laws pertaining to production and distribution, but not for possession.
And of course the feds are legally entitled to bust any person in any state for possession of any amount of marijuana, regardless of state laws. They just don't have the resources (nor the political capital) to do so.
The really tricky part for WA and CO may be how to structure their regulations in order to protect state workers from prosecution under the CSA. This is a dilemma that CA has been wrestling with for years, and it is no clearer now than it has been in the past. Can a state "permit" or "regulate" an activity that is federally illegal? If state workers are required to inspect marijuana grows, are they in violation of the CSA? Are they participating in the manufacture of a Schedule I substance? In Pack v. City of Long Beach the California courts initially found that local regulation of dispensaries, including permits, fees, and ordinances, was preempted by federal law. While the Pack case has since been rendered moot, it did represent a precedent at the time.
So I think the answer to the question "can the feds stop legalization in CO and WA?" is both yes and no. They cannot force CO or WA to reinstate their prohibition of possession (or personal growing) of marijuana, but they may be able to stop the state regulated production and distribution of marijuana.
Excellent post, ocsurfer. The key to success will be the right law being coded which allows for either personal growth limits or state-approved growers. To the average fan of our mellow green ally its very simple. Allow people to grow their own.
But since the feds exist to tax us, why not simply regulate larger commercial grows as other crops are regulated. Even if the price of weed is at $50/lb wholesale that's a helluva lot more than what soybeans pay. Just impose a grow tax per plant like some counties in CA have done. You have to have a tag for each plant, otherwise you risk huge fines. WTF is so hard about that???
CO and WA have shown America that the will is there...it's up to the rest of us to find the roadmap on how to do it.
""So I think the answer to the question "can the feds stop legalization in CO and WA?" is both yes and no. They cannot force CO or WA to reinstate their prohibition of possession (or personal growing) of marijuana, but they may be able to stop the state regulated production and distribution of marijuana.""
If they can use a court injunction to stop state regulated grows then personal grows in CO could also be stopped,they are licensed by the state and production of any kind falls under the CSA and Single Treaty.
If the state didn't license the personal grows,as with possession,the feds don't have the manpower to enforce them,,license records would sure make you an easy target.
Have you seen what they are doing in CO? It looks like the counties are banning MJ production and sales. If all the counties do this then it will still be basically illegal and the black market wins again.