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computer parts posted:Nullification of federal law, essentially. Totally incorrect actually. Nullification would be if the Feds said everyone had to smoke weed and Colorado made it illegal to do so... Or if they tried to arrest any DEA agent enforcing federal law. If CO wants to take any anti-weed laws off its books it is free to do so. It's no different than a state passing weed tax stamp laws, though in that case the objective is different. If the Feds want to enforce it, they can send the ATF/DEA agents in. Good luck with getting the budget to cover that. Federal power has always rested on getting the state governments to follow along because states (and the cities/counties they create) are the ones with all the "boots on the ground". You can get away with a tremendous amount of poo poo for a very long time if the local cops don't care. There is nothing to challenge in court and no standing to do so anyway. States, as sovereign entities, cannot be forced to make certain laws or enforce certain penalties. You can't even sue them except with the State's own permission and by the rules of that state, unless it involves a Constitutional question. I would also add that a lot of states just delegate controlled substance classifications to the Federal schedule so if they ever drop Mary Jane from Schedule I, it will automatically become legal in those states. Simulated fucked around with this message at 02:34 on Oct 13, 2012 |
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Oct 13, 2012 02:30
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You guys are wrong about the tax stamps... The courts have ruled they have to sell them if they are going to prosecute people for not having them. That seems to make the tax provisions perfectly fine. Precedent is also clear: the Feds can't draft local police into enforcing federal law. So the Feds can start trying to arrest people in Washington if they like, good luck with that plan... That's why Congress uses the "power of the purse strings" to entice compliance in the first place. The drug scheduling rules clearly state that THC shouldn't be Schedule I since one of the requirements is that the substance have no legitimate medical use. Has anyone tried suing the DEA to force them to reschedule it? The international treaties also have similar provisions so if any court bothered to make us follow our own laws, it seems like THC should already move down a couple of notches. It also makes me wonder why Obama doesn't have the DEA just reschedule it... The administrator can move things up and down, except if HHS finds no scheduling need it prohibits the DEA from doing so. There are several avenues there that don't require Congress or any political manuverings.
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Dec 7, 2012 02:39
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