States legalizing in 2012?

Discussion in 'Marijuana Legalization' started by MrBongToker420, Nov 15, 2011.

  1. Good news. When the seniors start talking about the issues and get good information they certainly take it home and share with their neighbors. Hopefully enough signatures are obtained by the Feb 2012 deadline to get it on the ballot. Then of course there is also the 353 inituitave that has been put to the legislature as well tho it died in subcommittee last year.
     
  2. That is not necessarily correct.

    If "legalizing" is defined as simply repealing all state laws prohibiting marijuana then the states are free to do so without the federal government reclassifying marijuana.

    Any state may repeal its marijuana prohibition laws at any time.

    What the states cannot due is enact laws that require its citizens to do anything that violates the CSA. Things like issuing licenses or permits to sellers or producers may fall into a grey area. These activities may be seen as facilitating the federally prohibited activity of producing or selling marijuana.

    There are a lot of "grey areas" in the legalization of marijuana. The states are just starting to step up and test the waters of the 10th amendment, the CSA, and a number of other areas of constitutional law.
     
  3. I think we are in a gray area then. Federal law trumps state law. As long as marijuana is a schedule 1 listed drug. Would be nice if Obama made an executive decision/order to reclassify.
     
  4. won't happen.
    If it didn't pass in cali it won't pass anywhere.


    They'll tweak the polls so it won't pass.
     


  5. Only when there is an actual conflict.

    A state can remove its marijuana prohibition laws without being in actual conflict with the Controlled Substances Act. States are not required to have laws prohibiting marijuana.
     
  6. [quote name='"runthistown18"']won't happen.
    If it didn't pass in cali it won't pass anywhere.

    They'll tweak the polls so it won't pass.[/quote]

    Ur life must suck being negative like that. Screw saying the cups half empty ... u just say it never had anything in it to begin with.
     
  7. [quote name='"ocsurfer"']

    Only when there is an actual conflict.

    A state can remove its marijuana prohibition laws without being in actual conflict with the Controlled Substances Act. States are not required to have laws prohibiting marijuana.[/quote]

    States are also not required to help the federal government enforce federal law.
     

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