Future of Prop 19 in California

Discussion in 'Law and Justice System' started by Quantum Windbag, Oct 15, 2010.

  1. Quantum Windbag
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    Quantum Windbag Gold Member

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    To put it simply, prison terms for everyone Holder can get his grubby little paws on.


    washingtonpost.com

    The one thing I keep telling my friends is that there is no way the feds can let this law stand unchallenged. If the people who are planning on building that massive warehouse/greenhouse in Oakland ever build the thing it will be raided before it opens its doors.
     
  2. j-roc
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    j-roc Rookie

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    since when can the federal government tell the states what to do?
    nowhere in the Constitution is any police power or jurisdiction over criminal law other than that regarding treason and counterfeiting given to the federal government. if the feds try it california should sue under the 10th amendment
     
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  3. Quantum Windbag
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    Quantum Windbag Gold Member

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    Why is the federal government suing Arizona?
     
  4. ConHog
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    ConHog BANNED

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    You better reread your COTUS. Federal law supersedes state law PERIOD.
     
  5. Sheldon
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    Sheldon Senior Member

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    The Feds, technically, can still raid and arrest anyone in violation of Federal law, and Prop 19 doesn't change the Federal drug laws (there should be no Federal drug laws to begin with, imo). Marijuana is, stupidly, still a Schedule 1 drug in the CSA.

    Remember when Holder said they weren't going to raid medical marijuana facilities anymore? State laws on that would be respected, even though Federal law makes no medical exception for weed or any other Schedule 1 drug.

    So that makes me question how he squares these two positions together. They won't raid medical marijuana facilities legalized by the state, facilities that are a violation of Federal law; but they will raid shops and growers legalized by the state, facilities that are also a violation of Federal law.

    :confused:
     
  6. JWBooth
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    JWBooth Gold Member

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    Missed that little dust up in the middle 1800's and the so called reconstruction that followed?

    D.C. has the guns and the troops. The states get to do what D.C. allows them to do.
     
  7. Dont Taz Me Bro
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    Dont Taz Me Bro USMB Mod Staff Member Gold Supporting Member Supporting Member

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    So what part of the Constitution gives the Federal government the authority to ban marijuana?
     
  8. JWBooth
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    JWBooth Gold Member

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    Doesn't exist, but then, when has that ever mattered?
     
  9. R.C. Christian
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    R.C. Christian Gold Member

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    If you people are serious about state's rights then you need to man up and prepare to resist federal tyranny by any means possible even if this eventually means federal workers in police state sponsored dragnets have to be targetted for violence. This of course should be a last resort effort but it will undoudbtedly come to frutition and it has little to do with drugs. This is the same government that actually came frighteningly near making DXM, the active ingredient in Robitussin and mild hallucinigenic, a schedule 1 drug and would have undoubtedly done so if there had been any reasonable substitution.
     
  10. Quantum Windbag
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    Quantum Windbag Gold Member

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    I think they stuffed it under the commerce clause, like they do everything else.
     

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