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Old 12-11-2014, 10:16 PM
 
Location: Washington, DC
2,010 posts, read 3,458,006 times
Reputation: 1375

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Quote:
Originally Posted by texdav View Post
But Obama is chief law enforcement officer over federal law and federal law does not classify it as lawful. The federal government can defer to state laws on bank robbery too but if they want they can file federally. Defer is allow; not turn over jurisdiction by law. Marijuana is on the books and if congress wanted and president signed it could be off books and pure state controlled. It isn't.
You are conflating two very distinct concepts. 1) Federal preemption of state laws that conflict with CSA and 2) application of federal law without preempting state law. The matter at hand in the Omnibus is the former, not the latter.

1) Federal Preemption of State Laws that conflict with CSA
Section 708 of the Controlled Substance Act specifically codifies into federal statute that provisions of the CSA shall not interfere with a State law when they conflict on the same matter. The only case where federal law can preempt state law under CSA is a case where the state law compels violation of the federal law (eg. a state law that would require people to smoke marijuana). This is a part of federal law just as much as the part of the federal statute that criminalizes marijuana.

Furthermore, the definition of "State" in the CSA specifically includes the District of Columbia (21 U.S.C. §802(26)). So DC is treated as a State under CSA statute.

State bank robbery laws that conflict with federal laws would be subject to the constitutional doctrine of federal preemption. The two are not comparable.

So I maintain that any Congressman who says they support federal law by preempting District law on a matter under CSA does not know the law.

2) Application of federal law without preempting state law
Federal agents can arrest someone in Colorado/Washington/wherever who is smoking marijuana and bring them up on federal charges. But that's not what is being challenged by the Congress here. Also, as a practical matter, this is almost never an issue as federal narcotics operations and federal/state/municipal joint task forces do not prioritize individual recreational users. But again; completely separate issue.
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Old 12-11-2014, 10:23 PM
 
Location: Stanford, CA
139 posts, read 250,583 times
Reputation: 339
Quote:
Originally Posted by LetsRock View Post
Of course he does. Barry is a drug addict.
Since when has he ever cared to go to legal route? He probably just signs an executive order every time he hits the pipe.
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Old 12-11-2014, 10:31 PM
 
Location: Montréal & New York area
527 posts, read 708,577 times
Reputation: 340
Ban drugs, alcohol & prostitution!
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Old 12-11-2014, 10:32 PM
 
Location: Watching half my country turn into Gilead
3,530 posts, read 4,171,933 times
Reputation: 2925
Marijuana is less harmful than alcohol. Legalize it and stop the war on people of color.
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Old 12-11-2014, 10:35 PM
 
32,065 posts, read 15,046,900 times
Reputation: 13666
Quote:
Originally Posted by desertdetroiter View Post
The Drug War disproportionately affects African Americans (and other minorities) PERIOD more negatively. That's because the War on Drugs is really the War on the Poor.

It's also a War on the Violent, and blacks are more likely to have violence surrounding the dope game than whites are. That has a lot to do with wars over turf and the fact that a lot of blacks deal on the streets instead of in more discreet settings as whites are more likely to do.

But as far as drug use goes? Whites use drugs far more than blacks do. I suspect that even if whites had comparable levels of violence, they'd still have less arrests and shorter prison sentences for the same crimes except for those where there's a mandatory minimum.
Yes they do because they can afford them. But it's prescription drugs that they are addicted to. No one seems to care about the abuse there. It's always about pot. The drug war is really to keep pharmaceutical companies in business. Pot has proven to have healing effects.....god forbid we should rely on a natural plant instead of man made meds Are we just stupid.
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Old 12-11-2014, 10:37 PM
 
56,988 posts, read 35,183,550 times
Reputation: 18824
Quote:
Originally Posted by natalie469 View Post
Yes they do because they can afford them. But it's prescription drugs that they are addicted to. No one seems to care about the abuse there. It's always about pot. The drug war is really to keep pharmaceutical companies in business. Pot has proven to have healing effects.....god forbid we should rely on a natural plant instead of man made meds Are we just stupid.
Outside of crack, i can't think of a single drug that blacks use more than whites. Maybe Lean or molly, but that's about it.
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Old 12-12-2014, 06:45 AM
 
Location: A great city, by a Great Lake!
15,896 posts, read 11,983,133 times
Reputation: 7502
Quote:
Originally Posted by Vacationmacation View Post
Ban drugs, alcohol & prostitution!

So in essence, what you want is a larger black market, and more crime? We tried with alcohol. Didn't work. The war on drugs is showing to be a huge failure and a waste of our taxpayer's money. And as far as prostitution, it's the oldest profession in the world. Legalize it, make it legit, and we wouldn't have the issues with sex slavery, and involvement of minors. I mean, it isn't my thing, but if someone is desperate enough to pay for sex and both parties are consenting adults.... rock on!
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Old 12-12-2014, 07:26 AM
 
Location: Dallas
31,290 posts, read 20,731,520 times
Reputation: 9325
Quote:
Originally Posted by 70Ford View Post
Blacks and whites use marijuana at comparable rates. Yet in all states but Hawaii, blacks are more likely than whites to be arrested for marijuana offenses.
This may or may not be true. Unfortunately, the article gives only conclusions and sweeping generalizations, not the facts needed to support their conclusions.

It would be interesting to see the actual facts by state, such as number of users by race and number of dealers by race. Then compare that to arrests for possession and arrests for dealing by race and state. With those facts, one could develop an educated opinion.
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Old 12-12-2014, 07:30 AM
 
Location: Dallas
31,290 posts, read 20,731,520 times
Reputation: 9325
Quote:
Originally Posted by wutitiz View Post
This is a flip flop flip by Pres. Obama. He appointed former Seattle police chief Gil Kerlikowske as drug czar. It's hard to get more anti-pot illegalization than Gil, who flatly opposed any form of legalization, even for 'medical marijuana.'
Yes, this a total flip flop. He has publicly stated his support for the war on MJ. But, this is the best flop flop of his presidency. Thank you Obama for opposing the war on MJ. Maybe he will now stop raiding MJ stores.
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Old 12-12-2014, 07:39 AM
 
Location: Dallas
31,290 posts, read 20,731,520 times
Reputation: 9325
Quote:
Originally Posted by pknopp View Post
Since he came out for it can we assume he will try and block it behind the scene?
Well, he does have a rich history of telling lies.........
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