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Where it gets dangerous as public policy with the commerce clause is the inability for growers and retailers to avail themselves of the banking system.
Right now it's all cash transactions. B2B, retailers, customers and even tax agencies. Needlessly and incredibly dangerous to force all parties to be holding large quantities of cash to conduct business, let alone circumvent a paper trail. Sadly I think it's going to take people getting killed (think tax office with millions of bucks of cold, hard cash sitting in the vault on quarterly business tax collection days) before the powers that be decide to grow up and keep all the stakeholders, most of which are just hard working Americans, safe.
The workaround the banking system right now is to use crypto currencies.
Totally agree, you can't. But drug laws are not mentioned in the Constitution. So it's up to the feds and the states to work this out, which is what we've been seeing over the past few decades. It's a developing process.
States are not always required to enforce federal laws. Obviously. Or there wouldn't be such a thing as state or local criminal codes. And it would never happen that criminals are often prosecuted under both the state and federal laws for a particular crime.
The states that have legalized marijuana have simply said that if a marijuana user/seller obeys a particular set of laws, the state will not prosecute them. If they don't obey those laws, the state will prosecute them. (At least in my state, state and local authorities actively seek out non-compliant users/sellers). And I think most state-compliant users/sellers are well aware that they are still liable for prosecution under federal law.
But I don't think that marijuana states are the ones backing themselves into an untenable position.
Currently the feds have asserted control over marijuana. If the states believe they have a right, they need to challenge the federal government and win in court.
Currently the feds have asserted control over marijuana. If the states believe they have a right, they need to challenge the federal government and win in court.
Maybe that's what will eventually happen, I dunno.
Or maybe Congress will be forced to act, which is what I hope will happen. They've been nibbling around the edges of this issue for a while, maybe Sessions acting dumb will force it.
That is, if Trump doesn't fire Sessions over the Mueller investigation. Which could also happen.
Or maybe someone will go for broke and pursue the interstate commerce question all the way to SCOTUS.
Lots of factors in play here, which makes it such an interesting legal issue.
Maybe that's what will eventually happen, I dunno.
Or maybe Congress will be forced to act, which is what I hope will happen. They've been nibbling around the edges of this issue for a while, maybe Sessions acting dumb will force it.
That is, if Trump doesn't fire Sessions over the Mueller investigation. Which could also happen.
Or maybe someone will go for broke and pursue the interstate commerce question all the way to SCOTUS.
Lots of factors in play here, which makes it such an interesting legal issue.
Yes, congress will be forced to act. Remember, we are closing in on 70% of the population favoring legalization. Our lawmakers will be forced to change their stance on pot, or risk getting voted out. Eventually, that force will overcome the lobbyist's money. Then we'll get it legalized.
And that's why the drug warriors will eventually lose.
I am not a liberal democrat but a Libertarian. My sense is this is the next big fight for the left. Federally legalizing marijuana. And my sense is the left will win on this like they have with civil rights and gay rights.
I don't get how those on the right are fighting this. There has been almost no issues in states that have made it legal medically or on a recreational basis. So there is no legitimate argument to not legalizing it. Yet there will be many on the right against it just because many on the left are for it.
Hopefully a bi-partisan effort will make marijuana no longer illegal. I don't smoke it and never will but its the right thing to do.
I am not a liberal democrat but a Libertarian. My sense is this is the next big fight for the left. Federally legalizing marijuana. And my sense is the left will win on this like they have with civil rights and gay rights.
I don't get how those on the right are fighting this. There has been almost no issues in states that have made it legal medically or on a recreational basis. So there is no legitimate argument to not legalizing it. Yet there will be many on the right against it just because many on the left are for it.
Hopefully a bi-partisan effort will make marijuana no longer illegal. I don't smoke it and never will but its the right thing to do.
Me either. It strikes me as a strategic error on the part of conservatives, given that a (slim) majority of R voters now supports some form of legalization. I get that legalization is not a voting priority for most people, but sooner or later, public opinion must intrude.
This is aside from the question of whether legalization is the right thing to do, which of course it is.
Me either. It strikes me as a strategic error on the part of conservatives, given that a (slim) majority of R voters now supports some form of legalization. I get that legalization is not a voting priority for most people, but sooner or later, public opinion must intrude.
This is aside from the question of whether legalization is the right thing to do, which of course it is.
The GOP is better on economic issues like the tax plan. The dem's are better on social issues. Hence we have close to a 50-50 split overall.
I think more and more states will give the feds the finger and keep legalizing marijuana. Once every state has told them "Screw off, we're not helping you enforce your BS law!" they will realize their true powerlessness. Your "authority" as the federal govt. means nothing if nobody stands behind you, and the feds NEED the states to enforce the marijuana laws in order for them to be effective. They simply don't have the manpower to exert their will across the entire country. It is a losing battle from them at this point, they are just kicking and dragging their feet about it, screaming "Respect muh authority!"
The states need to show the "people in power" how powerless they truly are! That's how we keep the federal govt in check and prevent them from becoming too powerful!
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