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| |-+  Constitution and Law (Moderator: True Federalist)
| | |-+  Marijuana Laws and the Supremacy Clause
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Question: Is it unconstitutional for states to legalize marajuana given federal law against it?
Yes, and it should be enforced as long as the law remains.   -3 (14.3%)
Yes, but don't enforce it.   -4 (19%)
No   -12 (57.1%)
Unsure.   -2 (9.5%)
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Total Voters: 21

Author Topic: Marijuana Laws and the Supremacy Clause  (Read 606 times)
Silent Cal
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« on: March 28, 2017, 10:35:16 pm »
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The Supremacy Clause of the United States Constitution (Article VI, Clause 2) establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the supreme law of the land.  In addition,  marajuana remains illegal under federal law according to the DEA:

Marijuana will remain a Schedule 1 substance under the Controlled Substances Act. Substances in Schedule 1 are determined by the Food and Drug Administration to have no medical use. States that allow marijuana for medical use or legalize recreational use remain in defiance of federal law.

So, answer the question. Is it possible to have legitimacy in our legal system and rule of law if we pick and choose when to enforce it, especially when the choice is for political reasons? Is that not unethically and detrimental to or legal system?

****Please forgive me for the title. I made a horrible typo and said "law's" instead of "laws" and I don't know how to fix it.

(Fixed - TF)
« Last Edit: March 29, 2017, 07:18:02 am by True Federalist »Logged

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« Reply #1 on: March 29, 2017, 09:11:22 am »
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no

Marijuana shouldn't be a Schedule 1 substance.  It makes no sense that it is.  Citizens, cities, states, etc should challenge bad laws, regulations, etc.
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Silent Cal
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« Reply #2 on: March 29, 2017, 12:37:10 pm »
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no

Marijuana shouldn't be a Schedule 1 substance.  It makes no sense that it is.  Citizens, cities, states, etc should challenge bad laws, regulations, etc.
So you think states have the right to nullify federal law and that anyone  can dictate what laws are just and whether or not they should follow them? That sounds dangerous.
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« Reply #3 on: March 30, 2017, 12:06:02 pm »
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I personally think the supremacy should be in effect. Why can't people who don't truly need it, it being marijuana, and i m not saying people who have anxiety, but cancer patients be the only people if ANY to receive it. The entire concept of states legalizing it in the first place is a joke! How can a state legalize something illegal on a federal level!? IT CANT! Past court cases have proved it! Who are we to change history for a simple addiction? And if we do change the constitution simply for tax dollars, God help us. There are already drugs made in this world for medication. The entire concept of "rough day going to poison my body with another blunt" is wrong. There are medications already out there and ready for those who need it. Be it anxiety, depression, or other mental illnesses. But simply smoking weed for the sole purpose of "it calms my mind" is ignorant and wrong. The main reason it was being falsely legalized was for cancer. How selfish of the people is it to use it for the wrong reason. Now its a bunch of teens and 20 year olds who love to smoke it backing it. If you ask me, if we simply change every single law based on whats paying us, and what children who cant make up their mind on what to wear is saying. We need educated, and passionate law makers,  interpreters, and enforcers. And we also need to make our country strong enough from itself and others. Or end up with another articles of failure, i meant confederation.
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« Reply #4 on: April 20, 2017, 12:32:00 pm »
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The main reason it was being falsely legalized was for cancer. How selfish of the people is it to use it for the wrong reason. Now its a bunch of teens and 20 year olds who love to smoke it backing it.

News to me and a strong majority of voters in Florida & North Dakota
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« Reply #5 on: April 20, 2017, 12:59:06 pm »
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To be clear, mere legalization of marijuana by a state does not in any way violate the Supremacy Clause. Yes, the federal law making marijuana illegal is the supreme law of the land. But like any other federal law, the federal government cannot order state authorities to enforce it. So there's nothing unconstitutional about a state taking its own laws criminalizing possession of marijuana off of its books.

The slightly better version of the argument is that when a state not only decriminalizes marijuana but also enacts a comprehensive scheme regulating and taxing marijuana, that scheme undermines the federal regulatory scheme designed to prohibit marijuana and therefore the state regulations are preempted by federal law. Nebraska and Oklahoma tried to make a version of this argument in their suit against Colorado, but SCOTUS through out the case without giving an opinion.
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« Reply #6 on: April 21, 2017, 09:08:00 am »
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Unsure. Regardless, the best thing to do is to take it out of the controlled substances act.
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« Reply #7 on: April 21, 2017, 06:53:41 pm »

The slightly better version of the argument is that when a state not only decriminalizes marijuana but also enacts a comprehensive scheme regulating and taxing marijuana, that scheme undermines the federal regulatory scheme designed to prohibit marijuana and therefore the state regulations are preempted by federal law. Nebraska and Oklahoma tried to make a version of this argument in their suit against Colorado, but SCOTUS through out the case without giving an opinion.
If anyone has standing on that argument, it's the Federal government, not a State government.  The very last thing the court should be doing is ruling that a State has to alter its law to make it easier for another State to administer its own laws.
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