Saturday, March 9, 2013

Where is the Justice Department on Legal Marijuana?

Recently, Colorado and Washington (State) have passed legislation legalizing personal possession and use of marijuana. Since marijuana is still illegal under federal law, this raises an interesting constitutional and legal issue involving states rights. I do not see where the states have any right under the Tenth Amendment to pass laws that are in direct conflict with federal law. They are allowed to pass their own laws as long as they do not conflict with federal law or the US Constitution. In my view, Colorado and Washington State are in direct violation of the federal law (Title 21 USC). So what does Washington (DC) do now, if anything?




The question is addressed to you, Mr Holder.

You see, as things now stand, there has been no response from the Justice Department under Eric Holder. Could it be that DOJ intends to do nothing and let the states do what they want here-even though it violates federal law?

If so, that would represent an interesting change of direction for a Justice Department that loves to file lawsuits against states. Take for example the case of Arizona and its efforts to pass state laws that would enable them to pick up illegal aliens. The Justice Department was all over that as we all know.

Is there a difference? You bet there is. In the case of Arizona, they were merely attempting to assist the federal government in enforcing a law that says you cannot enter the US without passing through the appropriate controls and, depending on country of origin, having a valid visa. In the case of Colorado and Washington State, they are passing  laws that conflict with federal law, and yet, to date, there is no response from our ever-vigilant Justice Department. Why is that?

Could it possibly be that the current administration thinks that enforcing laws against marijuana and illegal immigration are not so desirable?




at

3 comments:

  1. Siarlys JenkinsMarch 11, 2013 at 4:09 PM

    The people voted for it Gary. The feds don't need to be strong-arming a popular measure like this. They just don't.

    ReplyDelete
  2. Gary FouseMarch 11, 2013 at 6:57 PM

    The people in calif also voted against gay marriage. The courts reversed the will of the people. How about we vote to legalize arson?

    The point is that it violates federal law. I suggest going after the federal law and change it on that level. Then everybody can smoke pot to their hearts content.

    ReplyDelete
  3. Siarlys JenkinsMarch 14, 2013 at 8:39 PM

    The courts had no business overturning Proposition 8, and I suspect the Supremes will tell them so, although I could write a better argument than the dim-witted Christian law firms handling the case. I swear these people WANT to lose so they can have a comfortable sense of martyrdom.

    Legalizing arson would not be a violation of the constitution, it would merely be nonfeasance of the most stupid sort. Even John Boehner would think twice about supporting it, no matter how important it is to cut spending.

    I hear that United Nations drug agencies are complaining about American states legalizing marijuana. So, how about it, are we going to stand for the UN dictating to America what our laws are?

    ReplyDelete