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Old 06-19-2009, 04:38 PM
 
Location: Texas
14,975 posts, read 16,192,242 times
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Even if it passes in Congress, state laws against pot will remain.

Sure, some states may respond by legalizing it, but it's important to note that even if it's made legal on the federal level, it'll still be illegal to possess/use in all 50 states - at least at first.
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Old 06-19-2009, 04:39 PM
 
Location: ✶✶✶✶
15,215 posts, read 30,034,748 times
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Legalize it.
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Old 06-19-2009, 04:42 PM
 
Location: Wasilla, Alaska
17,824 posts, read 23,048,395 times
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Quote:
Originally Posted by afoigrokerkok View Post
Even if it passes in Congress, state laws against pot will remain.

Sure, some states may respond by legalizing it, but it's important to note that even if it's made legal on the federal level, it'll still be illegal to possess/use in all 50 states - at least at first.
Not all 50 states, but you are otherwise correct. All the feds can do is regulate marijuana as it pertains to international and interstate commerce. The feds have no jurisdiction over marijuana grown, sold, and consumed wholely within a given state. That is for each state to decide.
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Old 06-19-2009, 04:44 PM
 
Location: Texas
14,975 posts, read 16,192,242 times
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Quote:
Originally Posted by Glitch View Post
Not all 50 states, but you are otherwise correct. All the feds can do is regulate marijuana as it pertains to international and interstate commerce. The feds have no jurisdiction over marijuana grown, sold, and consumed wholely within a given state. That is for each state to decide.
That's what the 10th Amendment says, but it hasn't stopped Congress from enacting, and the DEA from enforcing, federal marijuana laws even when all actions were entirely within one state. It's a terrible abuse of the Interstate Commerce Clause - but it's been upheld and accepted.
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Old 06-19-2009, 04:44 PM
 
716 posts, read 1,106,861 times
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Quote:
Originally Posted by Glitch View Post
Not all 50 states, but you are otherwise correct. All the feds can do is regulate marijuana as it pertains to international and interstate commerce. The feds have no jurisdiction over marijuana grown, sold, and consumed wholely within a given state. That is for each state to decide.

Actually they can, according to the SC. When California passed the Medicinal Marijuana question, someone was arrested by the feds. She appealed all the way to the SC, arguing that the pot was grown and used in California. She lost. I disagree with their reasoning.
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Old 06-19-2009, 04:48 PM
 
Location: ✶✶✶✶
15,215 posts, read 30,034,748 times
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Quote:
Originally Posted by Greatwoods View Post
Actually they can, according to the SC. When California passed the Medicinal Marijuana question, someone was arrested by the feds. She appealed all the way to the SC, arguing that the pot was grown and used in California. She lost. I disagree with their reasoning.
I just wonder what would happen if that was done again today.

The whole drug war has been fought on rather unstable constitutional ground.
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Old 06-19-2009, 04:54 PM
 
Location: Ottawa, Canada
609 posts, read 1,156,542 times
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how they could get you for growing a plant, and using it personally in your own house is beyond me.. its the great rights abuse of our time.. why can't we all just listen to bob marley??? listen to jammin and everytime he says jammin take a toke... youll be baked as a cake!!!
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Old 06-19-2009, 05:06 PM
 
4,047 posts, read 4,970,185 times
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Originally Posted by Glitch View Post
Not very progressive. It is already legal to grow and possess marijuana for personal use in Alaska, up to 4 ounces or 20 plants, and has been since 1974.

As far as the feds are concerned, marijuana is not and never has been illegal. The Marijuana Tax Act of 1937 made marijuana a controlled substance, requiring a federal tax stamp to grow or possess. The federal government stopped issuing marijuana tax stamps after WW II in 1945. So the federal crime is not having the federal tax stamp while being in possession of marijuana, not just the mere possession of marijuana.
I thought they changed that law back in Alaska. But about the feds, don't forget they have the Controlled Substances Act as well, since the 70s. Marijuana is schedule I, for no good reason I should add.
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Old 06-19-2009, 05:22 PM
 
69,366 posts, read 63,147,109 times
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Originally Posted by janelle144 View Post
What idiots. They carp about smoking being a deadly thing to do then want to legalize pot. Go figure.
haha, I didnt think about that.. I wonder if Frank is getting payoffs by companies that would benefit from hemph legalization.. haha.. ooh the humor..
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Old 06-19-2009, 05:24 PM
 
69,366 posts, read 63,147,109 times
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Quote:
Originally Posted by jfre81 View Post
The whole drug war has been fought on rather unstable constitutional ground.
there are so many laws and regulations passed and enforced on unstable grounds that the mind would go bonkers trying to figure out how some of them passed to begin with..
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