tag:blogger.com,1999:blog-5687347459208158501.post8626027743452752293..comments2024-03-28T01:17:42.336-04:00Comments on The Philosopher's Stone: WEED WARNINGRobert Paul Wolffhttp://www.blogger.com/profile/11970360952872431856noreply@blogger.comBlogger14125tag:blogger.com,1999:blog-5687347459208158501.post-12190002536657166052018-01-04T16:19:20.962-05:002018-01-04T16:19:20.962-05:00That was a prescient post:
https://www.nytimes.co...That was a prescient post:<br /><br />https://www.nytimes.com/2018/01/04/us/politics/marijuana-legalization-justice-department-prosecutions.htmlAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-5687347459208158501.post-51312356198548951002018-01-03T15:40:05.326-05:002018-01-03T15:40:05.326-05:00Since I smoked marijuana back in the days it was i...Since I smoked marijuana back in the days it was illegal everywhere under both State and Federal law and never got arrested, I guess I would smoke it more confidently today since it is legal under State law if I were in the United States.<br /><br />In Chile smoking marijuana is not illegal, but growing it and selling it and (I believe)<br />buying it are. However, the law against growing it is not enforced much and there are "grow shops" everywhere. s. wallersteinhttps://www.blogger.com/profile/17448905469871566228noreply@blogger.comtag:blogger.com,1999:blog-5687347459208158501.post-33326422646467572632018-01-03T14:44:13.103-05:002018-01-03T14:44:13.103-05:00Anonymous, thank you for that very precise and cle...Anonymous, thank you for that very precise and clear exposition. If I used, which I do not, I do not think I would want to rely on the State Gov't to protect me from the Feds in this legal environment.Robert Paul Wolffhttps://www.blogger.com/profile/11970360952872431856noreply@blogger.comtag:blogger.com,1999:blog-5687347459208158501.post-80930644920437819212018-01-03T14:09:18.550-05:002018-01-03T14:09:18.550-05:00If I might clear up some things here. First, it is...If I might clear up some things here. First, it is true that marijuana remains illegal under federal law anywhere and everywhere the U.S. has jurisdiction (in all states, including California). The federal government derives its authority to regulate marijuana under the Commerce Clause of the U.S. Constitution. A 2005 Supreme Court decision (Gonzalez v. Raich) involving a federal bust of a small marijuana plot in California owned by medical marijuana users affirmed that federal laws outlawing marijuana are valid under the Commerce Clause and can be enforced against wholly intrastate possession or cultivation of marijuana. Second, as the OP points out, the federal provision prohibiting the spending of federal funds enforcing federal marijuana prohibitions applies only to medical marijuana, not to “recreational” marijuana laws. So theoretically the feds could start busting people involved in so-called "adult use” marijuana businesses despite that provision, which is called the Rohrabacher-Blumenauer amendment. Third, while federal law is superior to state law, and while the federal government is free to enforce its laws anywhere, it does not have the constitutional power to force the states to enact state laws prohibiting marijuana. So California, or Alabama, for that matter, could repeal all of its laws outlawing marijuana (in other words make it completely legal to possess or sell any quantity of marijuana under state law), and neither Jeff Sessions or his malignant boss could do anything about it. That is not to say, however, that the feds couldn’t continue to enforce federal law in such state. However, they could not force state officials to enforce federal law. This is called the anti-commandeering principle of constitutional law.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5687347459208158501.post-48674580042769268032018-01-02T06:05:11.607-05:002018-01-02T06:05:11.607-05:00David Palmeter,
Thank you for the legal expertise...David Palmeter,<br /><br />Thank you for the legal expertise.<br />s. wallersteinhttps://www.blogger.com/profile/17448905469871566228noreply@blogger.comtag:blogger.com,1999:blog-5687347459208158501.post-47389506716684505612018-01-01T21:35:10.426-05:002018-01-01T21:35:10.426-05:00The Constitution prevails over both Federal and St...The Constitution prevails over both Federal and State legislation that is inconsistent with it. Assuming constitutionality of both, Federal prevails. Thus, the Civil Rights Act and the Voting Rights Act prevailed over inconsistent State laws even if they were constitutional. The general rule is that, when both the States and Congress can legislate in an area, a law enacted by Congress prevails over inconsistent State law.'<br /><br />Of course, it might be argued that Federal law concerning marijuana is unconstitutional. I haven't heard what such argument would be, and can't think of one of the top of my head.David Palmeterhttps://www.blogger.com/profile/01895092366685079046noreply@blogger.comtag:blogger.com,1999:blog-5687347459208158501.post-39974117774955077032018-01-01T18:50:40.985-05:002018-01-01T18:50:40.985-05:00It's weird that the left would think smoking a...It's weird that the left would think smoking anything was a good idea, but why not?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5687347459208158501.post-81493372020217274152018-01-01T16:28:34.953-05:002018-01-01T16:28:34.953-05:00And might there not be a constitutional argument t...And might there not be a constitutional argument that the states have the right to decide whether they can declare marijuana legal or not? <br /><br />It's weird that the left would use a states rights argument, but why not?s. wallersteinhttps://www.blogger.com/profile/17448905469871566228noreply@blogger.comtag:blogger.com,1999:blog-5687347459208158501.post-72838573327321205302018-01-01T16:15:17.428-05:002018-01-01T16:15:17.428-05:00S. Wallerstein,
I don't know for sure, but I ...S. Wallerstein,<br /><br />I don't know for sure, but I think so. Supremacy clause. But there are probably situations when the federal law isn't valid in some way. <br />Tobias, if you're listening????Jerry Fresiahttps://www.blogger.com/profile/17566575038825699112noreply@blogger.comtag:blogger.com,1999:blog-5687347459208158501.post-35614647019550989242018-01-01T16:12:46.650-05:002018-01-01T16:12:46.650-05:00S. Wallerstein,
Yes, Federal law trumps (no pun i...S. Wallerstein,<br /><br />Yes, Federal law trumps (no pun intended)State law.David Palmeterhttps://www.blogger.com/profile/01895092366685079046noreply@blogger.comtag:blogger.com,1999:blog-5687347459208158501.post-71972164484008789612018-01-01T15:52:37.323-05:002018-01-01T15:52:37.323-05:00Jerry Fresia,
Does Federal Law necessarily trump ...Jerry Fresia,<br /><br />Does Federal Law necessarily trump state law?<br /><br />That's a genuine, not a rhetorical, question.<br />s. wallersteinhttps://www.blogger.com/profile/17448905469871566228noreply@blogger.comtag:blogger.com,1999:blog-5687347459208158501.post-41972392671222473622018-01-01T14:29:25.133-05:002018-01-01T14:29:25.133-05:00s. wallerstein,
Unfortunately, I don't think...s. wallerstein, <br /><br />Unfortunately, I don't think the legal case would be complicated.<br /><br />In any case, thank you Tobias for the heads up; this is important <br /><br />information.<br /><br />Jerry Fresiahttps://www.blogger.com/profile/17566575038825699112noreply@blogger.comtag:blogger.com,1999:blog-5687347459208158501.post-55370391559507515872018-01-01T13:07:46.393-05:002018-01-01T13:07:46.393-05:00I don't live in California of course and I'...I don't live in California of course and I'm not a lawyer, but what would happen if someone were to flagrantly smoke legal marijuana in California, say, in front of the local DEA office (I assume that the DEA has an office in California)? I assume that the DEA would arrest him or her and there would be a complicated legal case which would, I suppose, first, end up in the Supreme Court and second, provide abundant free publicity over how stupid the laws prohibiting adults from smoking a joint are. Under federal law it would be civil disobedience and under California it would be not be civil disobedience. Whoever dared to do that would be a hero for many people, and of course if the DEA doesn't arrest him or her, they would not be doing their duty.<br /><br />Maybe your son, Tobias, could defend this person, since he or she would need a good lawyer.s. wallersteinhttps://www.blogger.com/profile/17448905469871566228noreply@blogger.comtag:blogger.com,1999:blog-5687347459208158501.post-1987800822271271412018-01-01T12:59:55.316-05:002018-01-01T12:59:55.316-05:00Talk about a buzz kill, yes. Can't lawyers jus...Talk about a buzz kill, yes. Can't lawyers just shut up and let us have fun for a couple days? <br /><br />I've been wondering when Trump/Sessions would use the pot laws to go after their enemies in Western blue states. It's an obvious move for these guys.Anonymousnoreply@blogger.com