Consolidated Marijuana Regulation Act [Law'd] (user search)
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  Consolidated Marijuana Regulation Act [Law'd] (search mode)
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Author Topic: Consolidated Marijuana Regulation Act [Law'd]  (Read 8935 times)
ZuWo
YaBB God
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Posts: 4,873
Switzerland


« on: January 16, 2012, 08:36:04 AM »


My one concern is whether the Federal Government can make it legal everywhere.  The feds can repeal their statutes, and make it legal in all areas under federal control, but this bill would also repeal regional and local statutes and ordinances.  That I do believe would be an overreach by the federal government.

Think beer.  Prohibition did not work and it was repealed.  However, there still exists towns that are dry (as much as I think that is stupid).  I do believe that the bill should be amended so as not to overreach into regional rights.  I am willing to work with the sponsor on an amendment.


I fully agree. The Constitution does not grant the Atlasian Senate the power to ban marijuana in the entire country. I admit that I am not a legal expert, but it seems to me that the following part of the Constitution would be violated if the bill were not amended:

Article 1, Section 6, Clause 7

7. No Law requiring any action to be taken or to be not taken by a Region shall be passed, except to preserve the rights of the Senate or of the People enumerated under the Constitution.
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ZuWo
YaBB God
*****
Posts: 4,873
Switzerland


« Reply #1 on: January 16, 2012, 09:08:42 AM »

Under the logical extension of the interpretation of that clause, the federal government is unable to make any product at all legal or illegal. (And I say this as someone who considers myself a regionalist.)

What I think people often forget in reading that clause is "except to preserve the rights of the Senate or the people enumerated under the Constitution." The Constitution grants the Senate all kinds of different powers, a half dozen or so of which certainly justify the uniform legalization of marijuana.

I only see one of the 32 listed "powers of the Senate" that could possibly (and I want to stress that word "possibly") represent a case of "preserving the rights of the Senate ...", and that is Clause 4:

4. To provide an area of Freedom, Security and Justice without internal frontiers, and a single market where competition is free and undistorted.

All the other clauses do not justify a legalization of marijuana in the entire country against the will of a particular region. Maybe you were exaggerating a bit when saying there are at least half a dozen clauses, or maybe I subconsciously avoid to see them because I don't like what they say Tongue

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