Marijuana Laws and the Supremacy Clause (user search)
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  Marijuana Laws and the Supremacy Clause (search mode)
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Question: Is it unconstitutional for states to legalize marajuana given federal law against it?
#1
Yes, and it should be enforced as long as the law remains.
 
#2
Yes, but don't enforce it.
 
#3
No
 
#4
Unsure.
 
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Total Voters: 24

Author Topic: Marijuana Laws and the Supremacy Clause  (Read 3462 times)
Young Conservative
youngconservative
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Posts: 4,029
United States


« on: March 28, 2017, 10:35:16 PM »
« edited: March 29, 2017, 07:18:02 AM by True Federalist »

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)
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Young Conservative
youngconservative
YaBB God
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Posts: 4,029
United States


« Reply #1 on: March 29, 2017, 12:37:10 PM »

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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