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DainBramaged

(39,191 posts)
Tue Apr 16, 2013, 07:07 PM Apr 2013

Maybe this will make life easier; Congressional Research Service says states can legalize cannabis

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


http://www.fas.org/sgp/crs/misc/R43034.pdf

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.

http://boingboing.net/2013/04/16/congressional-research-service.html

http://reason.com/blog/2013/04/16/states-can-legalize-marijuana-though-fed

In short, voters in Colorado and Washington haven't quite ended America's long and unpleasant experience with marijuana prohibition. They have, however, deprived the federal government of most of its enforcement mechanisms by taking their state officials out of the game. That doesn't render federal drug warriors powerless, but it leaves them with many fewer options.

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Maybe this will make life easier; Congressional Research Service says states can legalize cannabis (Original Post) DainBramaged Apr 2013 OP
Yes, but it is still illegal because it is illegal at the Federal level. n/t PoliticAverse Apr 2013 #1
And the federal government can enforce those laws in the states of Colorado and Washington quakerboy Apr 2013 #4
It will be interesting to see how the justice department rules on CO and WA! n-t Logical Apr 2013 #2
Congress could take punitive action against CO and WA. tritsofme Apr 2013 #3
The raids on the California dispensaries Le Taz Hot Apr 2013 #5

quakerboy

(13,920 posts)
4. And the federal government can enforce those laws in the states of Colorado and Washington
Wed Apr 17, 2013, 01:11 AM
Apr 2013

But they apparently cant force Colorado and Washington to do it for them.

tritsofme

(17,377 posts)
3. Congress could take punitive action against CO and WA.
Tue Apr 16, 2013, 07:22 PM
Apr 2013

By denying federal highway dollars or something of the sort. But I just think the politics have changed so dramatically on pot over the past decade that this wouldn't even be a viable option for a future Republican administration.

Le Taz Hot

(22,271 posts)
5. The raids on the California dispensaries
Wed Apr 17, 2013, 04:42 AM
Apr 2013

were done in cooperation with local LE. There is no way the feds can carry off these massive raids themselves. They'd be tying up too many assets for an unpopular policy. The fact that states could choose to opt out (are you listening, Gov. Brown?) is a significant development.

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