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Thread: Legalization of Marijuana question...

  1. #1 Legalization of Marijuana question... 
    New Member TheWalrus's Avatar
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    "Marijuana is listed as a “Schedule I” drug, along with other “hard narcotics,” in the US Controlled Substances Act, which means federal law prohibits its cultivation, possession, sale or use for any purpose, including for therapeutic medical treatment."

    But Colorado and Washington just legalized Marijuana for domestic use, and many other states have had Marijuana legalized for medical use for some time now...

    The federal and state laws seem to be contradicting themselves!

    What gives?


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  3. #2  
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    It will come down to whether the Feds want to enforce and whether they have Constitutional authority if challenged.


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  4. #3  
    Time Lord
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    Quote Originally Posted by TheWalrus View Post


    The federal and state laws seem to be contradicting themselves!

    What gives?
    Generally State Law wins. The only exception is the "Commerce Clause" where if the Federal government can argue that something affects trade between the states it can override them. A lot of traffic and especially laws about big rig trucks are standardized for that reason. The "Commerce Clause" tends to be interpreted somewhat leniently, though.

    From what I understand, this also extends to law enforcement. The FBI can only claim jurisdiction if a crime crosses state lines. Murder, for example, is usually a state crime, and a State Governor can unilaterally grant a pardon to people on death row. It only becomes federal if some part of the crime occurs in two or more states (maybe kidnapping the victim in one state and killing them in another), or stuff like traveling serial killers.

    So Marijuana is going to be a bit dicey. It can be produced in one state and consumed in another. Or maybe sold in one state and smoked in another.
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    Forum Bachelors Degree Kerling's Avatar
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    Anyways, in general the more you legalize drugs, the more control there is, the higher the tax-income of it, and the lower the usage. Legalization, from a practical point of view, of any drug, is economically more profitable. Especially in a non-social state like America. Once the drug affects due to usage, that eventually damages state property, outweighs the gain from legalization then you must stop legalization.

    99 percent of the reason not to legalize it is just morality. But then again so is gay marriage. Fact remains, that economy is a stronger driving force then moral. And eventually drugs will be legalized (to a certain degree) everywhere and so will gay marriage, and abortions.
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  6. #5  
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    I'm in Washington state which will soon allow personal use of pot. Getting a flurry of emails the past few days as the college I attend, Federal military post in WA state send out clarifications that come down to explaining that federal place still prohibit pot and any institution that accepts federal money, like most colleges will feel compelled to prohibit pot regardless of the state law.
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  7. #6  
    Forum Radioactive Isotope cosmictraveler's Avatar
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    The federal and state laws seem to be contradicting themselves!

    What gives?
    It will be a problem that the courts might have to determine. If you travel within the state on an airplane there are federal TSA agents that can and will arrest you for possession of pot because it is a federal offence still.
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