Colorado Legalizes It

[Junebug]

The feds will file injunctions and suits to stop this. The state cannot override a federal law. This needs to go to SCOTUS but I fear actually getting a legitimate result will require action similar to eliminating Volstead- constitutional action. The only thing worse than generalized ignorance is regulatory ignorance.

Personally, I look forward to hearing the evils of marijuana and reasons it should be illegal from a guy drinking a beer and smoking a cigarette.

There is no need for this to go to the SCOTUS. Federal law prohibits what they've done. It's a simple question from a legal standpoint. It can't be done. Plus, after Raich, there's no question about the constitutionality of the controlled substances act.

Hopefully, this will start a debate in Congress about whether to amend the CSA to remove MJ.

 

[WFFaithful]

http://spdblotter.seattle.gov/2012/11/09/marijwhatnow-a-guide-to-legal-marijuana-use-in-seattle/

 

[DeaconCav06]

There is no need for this to go to the SCOTUS. Federal law prohibits what they've done. It's a simple question from a legal standpoint. It can't be done. Plus, after Raich, there's no question about the constitutionality of the controlled substances act.

Hopefully, this will start a debate in Congress about whether to amend the CSA to remove MJ.

"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."

I think there is a large question as to whether or not the federal government has the ability to regulate something like this. While I agree, that Congress has a [in my opinion overly generous] free pass to regulate most activities based on the commerce clause, I think the states can argue that this doesn't effect interstate commerce. If this is limited to marijuana grown by CO growers, limited to CO distributors, limited to CO sellers, and limited to CO citizens to purchase, then I could see this being an issue for SCOTUS.

 

[Junebug]

"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."

I think there is a large question as to whether or not the federal government has the ability to regulate something like this. While I agree, that Congress has a [in my opinion overly generous] free pass to regulate most activities based on the commerce clause, I think the states can argue that this doesn't effect interstate commerce. If this is limited to marijuana grown by CO growers, limited to CO distributors, limited to CO sellers, and limited to CO citizens to purchase, then I could see this being an issue for SCOTUS.

Read Raich. SCOTUS rejected the same arguments w/r/t CA medical marijuana law.