Saturday, July 31, 2010

Legalization of Pot

I heard something interesting about the coming election in California. The people will be able to vote for the legalization of marijuana for any reason, not just medical ones.

If this bill passes, it will be legal to buy, sell and use marijuana in California. However, under federal law, it is now and will still be illegal to buy, sell and use it. That sounds like California law will supercede federal law. Isn't that what the government said the Arizona law does? Attorney General Holder really should look into this and sue California.

Do you really think this will happen?


Cromely said...

Assuming the law passes, it won't supersede Federal law. The Federal government will still be able to enforce Federal drug laws in CA regardless of what the CA voters decide. In fact, this has already been an issue in states that have passed laws supporting medical marijuana. DEA has still raided and prosecuted organizations involved with it.

CA choosing not to take action against marijuana in no one affects the federal initiatives.

Now, if CA authorities attempted to intervene in or actively disrupt federal enforcement actions, that would be another matter.

Besides, I believe law takes no position on simple possession -- just manufacture and trafficking.

In the case of AZ, it will be interesting to see what the courts decide. Unlike marijuana legalization, in AZ we have a state taking on additional authority that has always been the responsibility of the Federal government. That makes it a completely different scenario.

Snooty Primadona said...

Actually, the federal law regarding marijuana being illegal is completely bogus. In order for it to be law they would have to pass another constitutional amendment regarding such. It's always about the tax dollars & it always will be until we get ALL of the politicians out of the White House & Congress, replacing them with patriots who care about this country instead of politicians who sleep with the lobbyists & anyone else that will pad their nests.

Sorry. I didn't mean to rant, but you always make such good points, so I feel compelled to chime in...