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In reply to the discussion: Federal agents raid marijuana dispensaries in Washington [View all]RainDog
(28,784 posts)60. sure. I was hoping you'd actually make your own effort
but, since you won't... here you go.
http://boingboing.net/2013/04/16/congressional-research-service.html
The Congressional Research Service (CRS) is part of the Library of Congress, and it provides "policy and legal analysis to committees and Members of both the House and Senate, regardless of party affiliation." This month the CRS issued a report that says Colorado and Washington (where cannabis is legal, according to state laws) can't be coerced to enforcing federal cannabis laws. "While the federal government can ban what it wants," reports Reason, "the Tenth Amendment allows the states to opt out of participating in the law or assisting in enforcement in any way, leaving federal officials to do the heavy lifting themselves." From the report, State Legalization of Recreational Marijuana: Selected Legal Issues:
Although the federal government may use its power of the purse to encourage states to adopt certain criminal laws, the federal government is limited in its ability to directly influence state policy by the Tenth Amendment, which prevents the federal government from directing states to enact specific legislation, or requiring state officials to enforce federal law. As such, the fact that the federal government has criminalized conduct does not mean that the state, in turn, must also criminalize or prosecute that same conduct.
Here's the full research report from the Congressional Research Service - http://www.fas.org/sgp/crs/misc/R43034.pdf
This link breaks down some of the issues in easily digestible form - http://www.drugwarrant.com/2013/04/congressional-research-service-says-not-much-feds-can-do-about-legalized-marijuana/
The post, above, pulls out many of the relevant quotes regarding this issue.
Congressional Research Service says not much Feds can do about legalized marijuana - more at the link, above.
From the Pew Charitable Trust - http://www.pewstates.org/projects/stateline/headlines/report-no-easy-options-for-feds-in-legal-marijuana-states-85899468191
The federal government may not have much choice but to continue its mellow attitude toward legal marijuana in Washington and Colorado.
New laws legalizing recreational marijuana use in Washington and Colorado probably fall under the states' "power to decide what is criminal and what is not," according to a new report from the Congressional Research Service (CRS). The report analyzes court precedent and lays out what the Justice Department and the Obama administration might do to enforce federal law now that several states have passed marijuana laws that contradict it.
The agency's conclusion: The feds face an array of unappealing options.
The Justice Department could choose to challenge the marijuana laws in federal court, according to CRS. However, the researchers cast doubt on the argument that that the state laws preempt federal authority, or directly violate the intent of the federal Controlled Substances Act, which classifies marijuana as a Schedule I drug, just as dangerous as heroin and LSD.
New laws legalizing recreational marijuana use in Washington and Colorado probably fall under the states' "power to decide what is criminal and what is not," according to a new report from the Congressional Research Service (CRS). The report analyzes court precedent and lays out what the Justice Department and the Obama administration might do to enforce federal law now that several states have passed marijuana laws that contradict it.
The agency's conclusion: The feds face an array of unappealing options.
The Justice Department could choose to challenge the marijuana laws in federal court, according to CRS. However, the researchers cast doubt on the argument that that the state laws preempt federal authority, or directly violate the intent of the federal Controlled Substances Act, which classifies marijuana as a Schedule I drug, just as dangerous as heroin and LSD.
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In this Rolling Stone interview he explains the crackdown on medical marijuana dispensaries.
Billy Pilgrim
Jul 2013
#31
The people who think you have to be sick to smoke pot are ruining it for everyone.
FiveGoodMen
Jul 2013
#117
Yes it is. Otherwise we would be seeing daily raids of big hedge funds and banks. nt
Mojorabbit
Jul 2013
#122
I hope you arent defending that bullshit. One of the most important powers of the executive branch
rhett o rick
Jul 2013
#76
What makes you think he has the authority to order Justice to not enforce valid laws?
kristopher
Jul 2013
#20
But he could order the federal DoJ to stop enforcing it in states where it is explicitly
AtheistCrusader
Jul 2013
#55
I just heard that Obama is going to give us all a job and help the middle class ....
MindMover
Jul 2013
#78
Prohibition ruined a lot of lives and we learned nothing from that gargantuan fuckup ....
MindMover
Jul 2013
#81
I really enjoy your writing and thoughts ...and hope that you are writing or speaking
MindMover
Jul 2013
#111
Yep, Obama is desperately trying to end the drug war but the dastardly TeaPubliKlans
TheKentuckian
Jul 2013
#124
In his 2008 campaign, President Obama VOWED he would not "use Justice Dept.resources to try
red dog 1
Jul 2013
#72
"I would not have the Justice Department prosecuting and raiding medical marijuana users.
red dog 1
Jul 2013
#119
Wow, how "reasonable" of them to suggest they won't explicitly look to bust grannies in wheelchairs
Warren DeMontague
Jul 2013
#77
coupled with his total disregard of Koch Bros dumping in Ark and now the Detroit River bank
wordpix
Jul 2013
#47
That's the latest bad name of the day. It all fits under the generic term "haters"
hobbit709
Jul 2013
#16
I actually thought this shit would end under the Obama presidency. Boy, was I ever wrong.
Throd
Jul 2013
#5
democracy and the will of the people mean nothing to the "feds" on this issue nt
msongs
Jul 2013
#19
When a law make the majority criminals, then it's the law that is criminal. n/t
nebenaube
Jul 2013
#112
Potheads. . .America's most dangerous criminals. They murder. . .twinkies! one box at a time.
Nanjing to Seoul
Jul 2013
#33
USA's war on drugs has a real purpose, especially regardin MJ - MIC priority
ConcernedCanuk
Jul 2013
#95
Obama would not have legal precedent to block the DEA from enforcing federal law.
Billy Pilgrim
Jul 2013
#34
really sucks. The state collects taxes, fees. Provides the Feds with easy list of names and address.
Sunlei
Jul 2013
#87
DEA to legalize MJ chemical for Big Pharma; keep it a crime for everyone else(2011).
Divernan
Jul 2013
#89