What Happens When Federal Law Overrules State Law?
As in the case of the latest round of marijuana referendums, which should apply - state law as decided by the will of the people or federal law?
Tuesday was a happy day for pot smokers in a couple of states. Colorado and Washington both approved referendums that allowed for legalizing marijuana - and not just for medicinal purposes. They went for it all.
According to Minnpost.com, although 18 states and the District of Columbia have now approved marijuana for medical purposes, history was made in Tuesday’s election when Colorado and Washington voted to legalize it for recreational purposes.
The problem comes, however, with federal law. It does not recognize any legal use of the drug. This has already caused problems in other states, which legalized it for medical purposes. You can buy it - according to state law, you just can’t grow or sell it - according to federal law.
According to Minnpost.com, federal agents have already cracked down on growers and sellers in other states that have legalized it for medical purposes. So what really was the whole point of legalizing it if you can't legally obtain it. While economist were predicting a high for state coffers as well as those recreational users, it will likely also boost the bottom line for defense attorneys.
So which law should apply – federal or state?
Sharon Swanepoel
11:22 am on Thursday, November 8, 2012
Thank you for that civics lesson Leon. Much appreciated!
Nancy Sistrant
11:33 am on Thursday, November 8, 2012
"Tuesday was a happy day for pot smokers in a couple of states"
Not necessarily. People smoke pot everywhere regardless of laws.
I agree with the following: "So what really was the whole point of legalizing it if you can't legally obtain it."
Changing the law most likely won't change consumption much nor how users obtain.
George Wilson
1:46 pm on Thursday, November 8, 2012
The bigger debate is how effective is the so called "War on Drugs?" We are spending billions and seem to be getting nowhere. While the federal government could and have in a few instances cracked down on some producers, in general, they have adopted a hands off policy because of greater priorities and limited resources. Colorado is collecting millions in taxes on marijuana and if you google "what is the price of marijuana" you can get it by state and town.
Mr. B
1:54 pm on Thursday, November 8, 2012
I agree George. THe War on Drugs has been a failure. Most wars that were lost was because the strategy was wrong. Probably the same thing here. Killing off foot soldiers doesn't stop the generals. Killing off the generals ends the war. We spend too much time arresting the young kids selling drugs (not that we should ignore them) and not enough time stopping the drug cartels infrastructure.
Karsten Torch
5:40 pm on Friday, November 9, 2012
Yeah, about as successful as the war on poverty. It's what happens when government gets involved.
Karsten Torch
2:10 pm on Friday, November 9, 2012
Actually, isn't it the tenth amendment that applies?
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
I'm not sure the federal drug laws are such powers that are specifically granted to the federal government. I could be wrong.
thcooper69
5:16 pm on Friday, November 9, 2012
the problem with mj is it stays in your system to long dulling reaction time .lessing morals ,causing users to make careless mistakes .with alcohol consumption u get drunk or impaired and the next day its gone .if anything the war on drugs needs to be stiffer
with drug dealers getting automatic death sentences carried out imediatly
as with dui recipiants also .
there parsites on tha community ! besides the border drug wars wouldnt be a problem if THAY had built the border fence and maned it as is obamas original promise.
thcooper69
5:31 pm on Friday, November 9, 2012
im not really feeling this and am quite upset im jus gettin to the point where im trying to teach the kids thats drugs are bad for your health .
now this will cause many kids to jus move to where pot smokin is acceptable . this is an outrage
Karsten Torch
5:40 pm on Friday, November 9, 2012
Sorry, but seems that somebody's been smoking something before typing. Not very legible, there....
It's not the government's job to protect us from ourselves. I'm all for legalizing all drugs. Just think of all the money we would save by treating the drug problems rather than fighting the drugs. Plus, and I know this will sound heartless, but maybe Darwin had a point. Those who overdose probably didn't deserve to hang around for long, and thankfully can no longer procreate.
Now, I do agree that we get stiffer penalties for endangering others. DUI, DWI, things like that need to be treated a lot harsher. I think if you drive drunk or intoxicated by drugs and have an accident, that to me is the same as attempted murder. If you kill somebody, homicide. Plain and simple. It's no different than taking a loaded gun and shooting in random directions.
Tim
5:38 am on Thursday, January 10, 2013
Well now, what would you have said if you had really been angry?