Feds Won't Let California Legalize Weed (San Francisco: sales, crimes, felony)

[californio sur]

This article points out that the federal government can not allow California to legalize marijuana if the state wants to tax and regulate the substance. Using the example of how the federal government has authority over states in the immigration battle with Arizona; the same thing will happen if California voters legalize marijuana since the ramifications will occur well beyond California. So if Prop 19 wins it may be invalidated.

"No matter what argument you use, the fact remains that the federal Controlled Substances Act makes it a felony to grow or sell cannabis.

There's one problem with legalizing, taxing and regulating cannabis at the state level: It can't be done. The federal Controlled Substances Act makes it a felony to grow or sell cannabis. California can repeal its own marijuana laws, leaving enforcement to the feds. But it can't legalize a federal felony. Therefore, any grower or seller paying California taxes on marijuana sales or filing pot-related California regulatory paperwork would be confessing, in writing, to multiple federal crimes. And that won't happen".

California can't legalize marijuana - latimes.com

[Ceece]

Probably right. It's the longest running stupid battle in the history of forever.

[nmnita]

Funny how some people get upset because the feds want to control states rights, but think it ok for the same feds to control other states rights: example: oh don't interfer with our right to use pot, but do interfer with a states rights to attempt to contol illegals..


We are either for or against states rights, we can't have it both ways.

Nita

[ferretkona]

It does not matter, there will be some screw up counting votes. It will be a near thing but lose. That away everyone thought their vote mattered.

[californio sur]

Originally Posted by nmnita

Funny how some people get upset because the feds want to control states rights, but think it ok for the same feds to control other states rights: example: oh don't interfer with our right to use pot, but do interfer with a states rights to attempt to contol illegals..


We are either for or against states rights, we can't have it both ways.

Nita

do you always have to be the voice of reason?

Personally the issue of legalizing marijuana isn't that important since anyone can get a prescription if they want it bad enough. But if California can gain tax revenue by legalizing and regulating marijuana than I hope the federal government leaves us alone. Let them fight Arizona.

[Curmudgeon]

Originally Posted by californio sur

Personally the issue of legalizing marijuana isn't that important since anyone can get a prescription if they want it bad enough. But if California can gain tax revenue by legalizing and regulating marijuana than I hope the federal government leaves us alone. Let them fight Arizona.

Oh, they will. But they'll also have to fight CA if the proposition passes unless they take MJ off the scheduled drug list or other states will thumb their noses at the feds as well regarding their authority.

Nita has it right and I doubt the Annointed One will permit any loss to the supreme authority of Foggy Bottom. It would be a step towards anarchy.

Gonna be an interesting election year all around!

[eureka1]

The LA Times article is an OPINION PIECE by a law professor,nothing more.

[AwayAndBackToSac]

Originally Posted by californio sur

do you always have to be the voice of reason?

Personally the issue of legalizing marijuana isn't that important since anyone can get a prescription if they want it bad enough. But if California can gain tax revenue by legalizing and regulating marijuana than I hope the federal government leaves us alone. Let them fight Arizona.

...hmmm...


I thought you argue that just because a majority of people want something, pass a resolution for something, and try to enforce that thing... It does not make it right... And thus, the Feds should step in a stop it.

AKA Arizona wanting to protect its border...

But now, when you want weed...

[SickOfCalifornia]

The feds yap and yap, but the simple fact is that marijuana is de-facto legal already. It is so stupidly easy to get a "recommendation" from a doctor, which allows you to buy weed in Starbucks-like dispensaries that sell every strain known to man without any hassle at all. Every now and then the feds will bust a major-league grower, but Eric Holder announced early in his term as attorney general that they would not pursue this under Obama. And factually speaking, CA doesn't want to legalize it, just decriminalize it. There's a big difference legally, and yet no difference in day-to-day as most of the major DAs have told their prosecutors and police chiefs to worry about other things. In San Francisco you can openly smoke pot just about anywhere outdoors, and no one cares, least of all the police. You'd think the feds would have better things to do with their time.

[californio sur]

Originally Posted by SickOfCalifornia

The feds yap and yap, but the simple fact is that marijuana is de-facto legal already. It is so stupidly easy to get a "recommendation" from a doctor, which allows you to buy weed in Starbucks-like dispensaries that sell every strain known to man without any hassle at all. Every now and then the feds will bust a major-league grower, but Eric Holder announced early in his term as attorney general that they would not pursue this under Obama. And factually speaking, CA doesn't want to legalize it, just decriminalize it. There's a big difference legally, and yet no difference in day-to-day as most of the major DAs have told their prosecutors and police chiefs to worry about other things. In San Francisco you can openly smoke pot just about anywhere outdoors, and no one cares, least of all the police. You'd think the feds would have better things to do with their time.

I don't think the DEA is all that concerned about medicinal marijuana since quite a few other states allow it and more states are following California's example. The article, however, addresses the wording of Prop 19 that will allow the total legalizing & taxing of a control substance.