Medical Marijuana incident

[fisheater]

But the federal government has said it will not actively enforce those drug laws when states have enacted such laws. I believe that if they tried to enforce federal laws over state objections and created actual conflicts, the result would eventually lead to a court ruling that the federal laws are unconstitutional.

That's wishful thinking. Don't forget the supremacy clause. States can't "undo" or "override" federal law.


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[nimoh]

That's wishful thinking. Don't forget the supremacy clause. States can't "undo" or "override" federal law.

Yes, but as boulderjohn indicated, the federal courts do have the power to nullify federal laws as being unconstitutional.

 

[boulderjohn]

That's wishful thinking. Don't forget the supremacy clause. States can't "undo" or "override" federal law.

I think the fact that the federal government has decided not to enforce these laws in states that have written laws that do override federal law shows the problem with these laws. Let's look at the civil rights laws that were contradicted by laws in certain southern states. In those cases, the courts ruled that the protections to individuals in the constitution meant that state laws that took those rights away could not be enforced. The constitution held supremacy. Similarly, Colorado passed a state law 20 years ago that would have prevented municipalities (like the one in which I live) from passing ordinances giving equal rights to gays. Our state supreme court ruled that this violated the U.S. Constitution, so the law was struck down.

On the other hand, the U.S. constitution does not give the federal government the power to regulate marijuana usage. It's not just that it isn't mentioned. The 10th amendment to the constitution says, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” When the federal government banned the use of alcohol, it had to first get a constitutional amendment, for it did not otherwise have that power. Assuming that power in the case of marijuana required something of a trick. Look at how that law originated and you will see.

Use Google and you will find that this issue is very much a raging debate today.

 

[rhwestfall]

NYS SAFE act anybody?????? (apology for the hijack)

 

[Malpaso]

NYS SAFE act anybody?????? (apology for the hijack)

That's a state law that is MORE restrictive than the federal. Much like MA, NJ, IL, CT. Medical marijuana laws are LESS restrictive at the state level.

 

[rhwestfall]

That's a state law that is MORE restrictive than the federal. Much like MA, NJ, IL, CT. Medical marijuana laws are LESS restrictive at the state level.

...., the courts ruled that the protections to individuals in the constitution meant that state laws that took those rights away could not be enforced. The constitution held supremacy.

enough said....

 

[Malpaso]

enough said....

Then there's that pesky interstate commerce clause

 

[Wookie]

I don't mean to be obtuse, and I'm asking more out of curiosity since I am not a boat owner, but...

If you found the marijuana, arrested the passenger and turned them over to the coast guard, would you then have immunity for having it on board?

Would it matter if you called the coast guard to tell them of the arrest rather than indicating it at the start of a routine inspection where they likely would have found the marijuana anyway?

It sounds a little excessive to me that you could lose your boat and license for someone sneaking some marijuana aboard. Do you do TSA like inspections on people coming aboard to protect yourself?

I would not have immunity. What I might get is a pass. What petrifies me is someone dropping a seed or a flake and then having the dog ping during a customs boarding. Petrified almost to the point of paranoia.

 

[ams511]

On the other hand, the U.S. constitution does not give the federal government the power to regulate marijuana usage. It's not just that it isn't mentioned. The 10th amendment to the constitution says, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” When the federal government banned the use of alcohol, it had to first get a constitutional amendment, for it did not otherwise have that power. Assuming that power in the case of marijuana required something of a trick. Look at how that law originated and you will see.

If you want to debate the constitution you should take the debate to the pub where it belongs. I am sure plenty of stoners argued in court (and lost) that the ban on MJ is unconstitutional. The constitution does give the federal government the right to regulate interstate commerce which is what they use as the justification for regulating drugs not just illegal ones.

---------- Post added May 14th, 2014 at 01:03 PM ----------

I would not have immunity. What I might get is a pass. What petrifies me is someone dropping a seed or a flake and then having the dog ping during a customs boarding. Petrified almost to the point of paranoia.

It is an interesting dilemma. What if a passenger shows up with a bottle of pills? Are you required to check the prescription?

 

[Wookie]

If you want to debate the constitution you should take the debate to the pub where it belongs. I am sure plenty of stoners argued in court (and lost) that the ban on MJ is unconstitutional. The constitution does give the federal government the right to regulate interstate commerce which is what they use as the justification for regulating drugs not just illegal ones.

---------- Post added May 14th, 2014 at 01:03 PM ----------



It is an interesting dilemma. What if a passenger shows up with a bottle of pills? Are you required to check the prescription?

Pills are typically regulated by the FDA. No such animal with Marijuana. At least not the smoking or vaping kind, I have no idea if the pill kind are available for prescription. We are very careful not to ask our customers what their contraindication to diving is, only if the have one....