so confused!

Discussion in 'Marijuana Legalization' started by thehighlife420, Oct 6, 2010.

  1. so prop 19 has a really good chance of passing on nov 2 which is awesome, but i keep hearing that its in direct conflict of federal law. So at first i was like welll whatever they cant arrest everyone!.. but then i thought about it.

    It could wind up being just like Arizona's SB1070, where it passed but then govt send cali to court and shoots down the whole thing, which makes me think marijuana will never be legal. Of course barack is in office and he is probably cooler with the pot thing than arizona's immigration law, but eventually some president could come in and send cali to court right?
  2. It could happen where the feds take Cali to court, but they would have to prove that Prop 19 is constitutionally wrong, and unless my understanding of the constitution is totally off, they can't tell the states that they have to make something illegal "just because". There has to be a constitutional basis.

    HOWEVER the Supreme Court has been known to make mistakes before, and has used minor technicalities to give the Federal Government more power over the states.

    If this does go to the supreme court it will most definitely be worth watching. If the SC were to strike Prop 19 down it would be a huge blow to federalism, because it would essentially overturn the 10th Amendment (anything not in the constitution is left to the states).

    However, if it isn't overturned it clears the way for other states to possibly legalize, if they so choose.
  3. Cutlass, the US Federal court has already ruled on the matter. Fed laws trump state laws. That's why the Feds continued to bust medical growers even after Cali past laws making medical pot legal.
  4. Yeah, its seriously messed up but you're basically right. Federal laws in no way should "trump" state laws UNLESS they fall under the responsibilities specifically given to the federal gov by the constitution. But, like I said, the Supreme Court uses stupid loopholes to give the feds more power.

    I did some research. Most decisions passed down by the Supreme Court on marijuana laws have been in favor of the feds based on the "Commerce Clause" of the constitution.

    The commerce clause says that the feds have power over interstate commerce, international commerce, and commerce with native americans. Thats the whole clause (its 16 words long). The Supreme Court has consistently ruled that any cultivation of marijuana falls under the commerce clause, most recently because "consuming one's locally grown marijuana for medical purposes affects the interstate market of marijuana". (Gonzales v. Raich, 2005).

    That right. Under the decision of the supreme court smoking home grown marijuana is illegal because it "affects the interstate market".
  5. Which only goes to show that even if Prop 19 passes in Cali the Feds will always the upper hand. And these 60,000 sq. ft warehouses in Oakland that are set-up to open? The Feds can/will bust them. It's NUTS!
  6. There are two issues being discussed here. Yes, it is true that federal laws trump state law. However, the federal government would have a very hard time striking down prop 19. The reason some of the Arizona immigration bill got overturned is because it inhibits freedom that the constitution guarantees. Prop 19 aims to increase freedom, not take it away. The constitution is a very pro-freedom document. I don't know of any laws that increased freedom get thrown out for constitutional reasons.

    That being said, the federal government could still come in and bust cultivators and retailers who are complying under state laws. However, it would be very futile fight. The drug war is already failing and most drug enforcement is done by the state governments. The drug war at 5% it's current state would be virtually useless. I predict that if Prop 19 passes, the federal government would back off because they can't win and people would just get angry over it and the last thing the federal government needs is more criticism.

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