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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsMaybe 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.
PoliticAverse
(26,366 posts)quakerboy
(13,920 posts)But they apparently cant force Colorado and Washington to do it for them.
Logical
(22,457 posts)tritsofme
(17,377 posts)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)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.