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Here is where things get fun. The Supremacy Clause is one of the most sacred clauses in the US Constitution to the Federal government, going clear back to the founding of the Republic, because, without it, the states could pretty much run wild--destroying the whole concept of the "United" States.
So what part of the constitution allows the federal government to outlaw marijuana in the first place? Why did they need a constitutional amendment to ban alcohol, but marijuana is somehow different?
So what part of the constitution allows the federal government to outlaw marijuana in the first place? Why did they need a constitutional amendment to ban alcohol, but marijuana is somehow different?
You obviously don't understand the US Constitution. The federal statute making marijuana illegal was a duly enacted federal statute. Until such time as a Federal Court might rule it unconstitutional (about a 0% chance of that), the law will stand until such time as it is legislatively modified or repealed at the federal level. As such, no state can pass a law that would countervale the federal law without the state law being deemed federally unconstitutional. That is the way the Supremacy Clause works. Oh, they didn't "need" a Constitutional Amendment to ban alcohol--Congress could have passed legislation and the President could have signed the legislation to statutorily ban alcohol. They, however, chose to propose the Amendment and referred it to the states for ratification--probably a matter of political expediency to let the states have a direct say in whether or not to ratify the Amendment. Oh, and the actual mechanics of the federal alcohol ban was the Volstead Act--a federal statute--that was enacted subsequent to the ratification of the 18th Amendment.
Location: northern Vermont - previously NM, WA, & MA
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I think at a minimum, the state should decriminalize marijuana. It's a tremendous waste of taxpayer dollars that could be put to better use such as education (something this state desperately needs more of) rather than incarcerate people for marijuana which certainly doesn't have any worse effect on people than alcohol.
Jazzlover will argue supremacy clause and other scare tactics at the federal level until he's blue in the face, just as he did in the Colorado threads on this topic. Clearly more than half of Colorado's voters were thinking outside the box in the 21st century when they showed up at the polls in 2012. That started a grass roots movement and I have feeling New Mexico would have a good chance at voting in a similar manner if it were put on the ballot here, as well as several other states. This genie is not going back in the bottle.
You obviously don't understand the US Constitution. The federal statute making marijuana illegal was a duly enacted federal statute. Until such time as a Federal Court might rule it unconstitutional (about a 0% chance of that), the law will stand until such time as it is legislatively modified or repealed at the federal level. As such, no state can pass a law that would countervale the federal law without the state law being deemed federally unconstitutional. That is the way the Supremacy Clause works. Oh, they didn't "need" a Constitutional Amendment to ban alcohol--Congress could have passed legislation and the President could have signed the legislation to statutorily ban alcohol. They, however, chose to propose the Amendment and referred it to the states for ratification--probably a matter of political expediency to let the states have a direct say in whether or not to ratify the Amendment. Oh, and the actual mechanics of the federal alcohol ban was the Volstead Act--a federal statute--that was enacted subsequent to the ratification of the 18th Amendment.
I understand the constitution, you obviously didn't understand my question. Sorry I asked, you seemed like you might have something helpful to add. I guess I was wrong.
Jazzlover will argue supremacy clause and other scare tactics at the federal level until he's blue in the face, just as he did in the Colorado threads on this topic. Clearly more than half of Colorado's voters were thinking outside the box in the 21st century when they showed up at the polls in 2012. That started a grass roots movement and I have feeling New Mexico would have a good chance at voting in a similar manner if it were put on the ballot here, as well as several other states. This genie is not going back in the bottle.
In other words, a majority of Coloradans apparently believe that the United States Constitution is no longer relevant in the 21st Century--if I buy your reasoning. That's a really scary thought. And I will argue it until I'm blue in the face because I believe in the rule of law--because abandoning it eventually leads to anarchy and that usually ends in a dictatorship.
I'll end my discussion by saying what I've said many times before: If people want marijuana legalized, then let them convince their US Senators and Representatives to vote for legalization at the Federal level. That would be a true "grass roots" movement. That is the Constitutional and right way to do it. Anything else is just posturing. All that would have to be enacted in federal law would be this: "The regulation and legality of marijuana production, transportation, sale, consumption, and taxation shall be left to the various states."
I think the fact that Coloradans voted for the bill shows to their representatives and senators in Congress where they stand and how their delegation should vote should the issue come up. It's also easier to get things done at the state level, and the federal government isn't always right. If a number of states start going against the federal government, then eventually the feds have to act in some way. Either by putting down the states or opening up whether we should legalize/decriminalize altogether, or simply just ignore it, which seems to be what the current administration is doing. I'd support a bill legalizing in New Mexico for this reason. The legality may be questionable, but it at least gets people talking about it and we shouldn't have to wait for congress to catch up. If anything, it really just throws the issue onto their laps and forces them to come out in one way or another on the topic. I say take it to court, legalize it in whatever statehouse is willing to take the issue up, and let the various powers start duking it out. Change begins at the local level, lets force them to talk. IF it gets taken to court, that really only helps the dialogue. This definitely shouldn't be the form debate takes all the time, but when harmless New Mexicans are rotting in prisons maybe we should try to take the reigns from the feds. If Colorado influences New Mexico, then good. And if states start sending the message to Washington, then all the better.
If New Mexico could do a better job of permitting cannabis sale, possession, and use than Colorado is doing, a lot of people would travel/move to NM instead of CO. whether NM wants those people (and their money) is a different question. I think CO might be happy for a chance to relieve some of its tourism and population pressures.
I would hope that marijuana becomes legal or decriminalized here in NM as well. I'm a registered Republican and I suppose I could be considered right-wing under some standards (say, if you compare me to someone from CA or something) but I believe that the decision to use drugs/alcohol lies with the end-user regardless of legislation. Who am I to tell someone else if they can't smoke a little grass every once in a while? As long as they're not hurting anyone or affecting anyone else in a negative way, and it's on their own time, IDGAF.
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