Silhouette
Gold Member
- Jul 15, 2013
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Should New York sue California in the USSC for this?
Read here first: 10 busts in massive California-New York pot ring
If the State of New York could prove that California is over-producing pot, demonstrating an intent to export, it might have legal action against CA in the USSC. Pot is federally illegal for a reason. Just like heroin is. And as I recall they're both on the same schedule. Let's assume that say Oklahoma wanted to make heroin legal in order to boost their economy since "hey everyone is doing it anyway, legalization is inevitable" (same rationale in CA used to defy federal statutes). So would we be OK with Oklahoma overproducing heroin for presumed export to other states so their state could get rich on the blood and demise of children (and adults) in other states?
I'd think we'd have a problem with Oklahoma doing that. So California would have to canvass its population to demonstrate the need for internal consumption for pot vs the production within its borders. If the production far exceeds its own consumption, a legal assumption can be made that it intends to export; which is a violation of several severe federal statutes.
NY suing CA would force an end to CA's overweening influence on the rest of the nation. A thing she readily takes for granted and even celebrates. The CA debauchery lifestyle has bled over into assumption-by-force into other states via other USSC cases induced by clever legal posturing and appeals within the CA borders on up. So how about it? You want to stop massive drugs coming across the border with Mexico. Meanwhile the DEA sits idly while CA exports massive drugs across the nation to its collective demise.
Do other states have to be forced to assume or bear the impact of CA's values by virtue of her own (illegal) internal policies and statutes? By the way, the "legal weed" laws in CA were not even allowed to be on the ballot there because in order to get things on the ballot there, they can't be proposals that violate federal laws. There's another point of contention at the USSC level. The state legislators had a mandate to disallow those proposals on their ballot. So I think you can find defendants if forced to pick individuals to sue for CA illegal controlled substance/drug export program.
CA Constitution Article II, Section 8: Codes Display Text
And Section 10:
I'd say on the whole, defiance of federal law would render a statute revokable without voters' permission in CA. Is this the United States of America? Or the unilateral Republik of Kalifornia? Sue them New York. Clip the wings of that social dragon for once.
And I don't want to hear any whining from Californians saying "but pot tax base is going to save our budget woes!" #1, other states are already flooding California's chances at that. Prices nationwide are plummeting where it will cost the same as a pack of smokes. BigTobacco is going to flood the market anyway, do their subtle advertising to children; and when they run out of marketing in the states where they can grow legally, guess what they're going to lobby Congress to relax federal statutes on? Yep, the kids in YOUR state. and #2. You don't balance a state's budget woes by the blood of children and #3. Setting this precedent for a simple herb one can grow in one's backyard, that is Schedule 1 narcotic, busts open the door for opium poppy cultivation which is already starting to take off and become normalized just like pot was in the 1960s. And if you don't think that's a train wreck coming hard, just take a look around your own community.
Read here first: 10 busts in massive California-New York pot ring
If the State of New York could prove that California is over-producing pot, demonstrating an intent to export, it might have legal action against CA in the USSC. Pot is federally illegal for a reason. Just like heroin is. And as I recall they're both on the same schedule. Let's assume that say Oklahoma wanted to make heroin legal in order to boost their economy since "hey everyone is doing it anyway, legalization is inevitable" (same rationale in CA used to defy federal statutes). So would we be OK with Oklahoma overproducing heroin for presumed export to other states so their state could get rich on the blood and demise of children (and adults) in other states?
I'd think we'd have a problem with Oklahoma doing that. So California would have to canvass its population to demonstrate the need for internal consumption for pot vs the production within its borders. If the production far exceeds its own consumption, a legal assumption can be made that it intends to export; which is a violation of several severe federal statutes.
NY suing CA would force an end to CA's overweening influence on the rest of the nation. A thing she readily takes for granted and even celebrates. The CA debauchery lifestyle has bled over into assumption-by-force into other states via other USSC cases induced by clever legal posturing and appeals within the CA borders on up. So how about it? You want to stop massive drugs coming across the border with Mexico. Meanwhile the DEA sits idly while CA exports massive drugs across the nation to its collective demise.
Do other states have to be forced to assume or bear the impact of CA's values by virtue of her own (illegal) internal policies and statutes? By the way, the "legal weed" laws in CA were not even allowed to be on the ballot there because in order to get things on the ballot there, they can't be proposals that violate federal laws. There's another point of contention at the USSC level. The state legislators had a mandate to disallow those proposals on their ballot. So I think you can find defendants if forced to pick individuals to sue for CA illegal controlled substance/drug export program.
CA Constitution Article II, Section 8: Codes Display Text
(a) The initiative is the power of the electors to propose statutes and amendments to the Constitution and to adopt or reject them.
(b) An initiative measure may be proposed by presenting to the Secretary of State a petition that sets forth the text of the proposed statute or amendment to the Constitution and is certified to have been signed by electors equal in number to 5 percent in the case of a statute, and 8 percent in the case of an amendment to the Constitution, of the votes for all candidates for Governor at the last gubernatorial election.
(c) The Secretary of State shall then submit the measure at the next general election held at least 131 days after it qualifies or at any special statewide election held prior to that general election. The Governor may call a special statewide election for the measure.
And Section 10:
(a) An initiative statute or referendum approved by a majority of votes thereon takes effect the day after the election unless the measure provides otherwise. If a referendum petition is filed against a part of a statute the remainder shall not be delayed from going into effect.
(b) If provisions of 2 or more measures approved at the same election conflict, those of the measure receiving the highest affirmative vote shall prevail.
(c) The Legislature may amend or repeal referendum statutes. It may amend or repeal an initiative statute by another statute that becomes effective only when approved by the electors unless the initiative statute permits amendment or repeal without their approval.
I'd say on the whole, defiance of federal law would render a statute revokable without voters' permission in CA. Is this the United States of America? Or the unilateral Republik of Kalifornia? Sue them New York. Clip the wings of that social dragon for once.
And I don't want to hear any whining from Californians saying "but pot tax base is going to save our budget woes!" #1, other states are already flooding California's chances at that. Prices nationwide are plummeting where it will cost the same as a pack of smokes. BigTobacco is going to flood the market anyway, do their subtle advertising to children; and when they run out of marketing in the states where they can grow legally, guess what they're going to lobby Congress to relax federal statutes on? Yep, the kids in YOUR state. and #2. You don't balance a state's budget woes by the blood of children and #3. Setting this precedent for a simple herb one can grow in one's backyard, that is Schedule 1 narcotic, busts open the door for opium poppy cultivation which is already starting to take off and become normalized just like pot was in the 1960s. And if you don't think that's a train wreck coming hard, just take a look around your own community.
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