Little-Acorn
Well-Known Member
California has a ballot initiative up this election (Prop 19) to make marjiuana legal in the state. Or maybe it's to decriminalize it, I'm not sure. But I'm thinking about voting in favor of it, just to watch the CA state govt and the Fed duke it out.
The Fed govt, of course, has had a law declaring MJ illegal for MANY years, generations really. If California declares the stuff legal in California, then they still run afoul of the Federal law. Many people say that MJ will still be illegal in Calif even if the ballot initiative passes, because of the Fed law, because Federal law supersedes state law.
Well, they haven't got that quite right. Fed law does supersede state law... but only where the Federal law is Constitutional. And this particular Federal law, isn't and never has been.
There is no part of the Constitution that authorizes the Fed govt to make MJ illegal. The Fed can restrict MJ that crosses state lines, under the Interstate Commerce clause. But tons of MJ is grown within California - in fact, it's California's #1 cash crop. And weed grown, dried, rolled, and smoked entirely within California, is clearly outside the purview of the Interstate Commerce Clause.
I don't do marijuana, and never have since trying it a few times back in my misspent youth. Anyone who uses it regularly, is no better then a habitual drunk IMHO, plus they are lawbreakers with no good reason.
But it would be great fun to make the case in court, that teh Fed govt has no authority to regulate California MJ, and that California has teh legal right to make it legal. In fact they would be right to do that, even if making illegal would be unwise IMHO. But Clif stands to gain huge amounts of money by making the stuff legal and then taxing the shiite out of it. And I think that Calif would work VERY hard to lay their mitts on all that nice money.
And the prospect of taking away one of the drug cartels' largest and most lucrative markets, has a certain appeal too.
For a long time I have been on the fence about MJ being illegal. I think the stuff does more harm than good, being slightly more harmful than alcohol (which doesn't give you cancer). But should government at ANY level be making laws for the purpose of saving an individual from himself? That's more a function for society to frown upon users, as they frown upon uncontrolled drunks.
If the pot heads were at all honest about their reasons for wanting MJ legal, they would knock off the arguments about its helping certain cancer patients and admit they just want to get high... or else they'd pull for MJ to be treated the same legally as Codiene, Morphine, etc.: Highly restricted, and illegal to produce yourself, but available with a doctor's perscription. Notice that they are uninterested in that solution.
But that's neither here nor there. In this election, it would be a real kick to see California trying to beat the cr@p out of the Federal government and be right about it for a change... even if the object is a miserable substance like marijuana. And to see the U.S. govt defend the same side as the foreign enemies of our country (the drug cartels), who wouldn't like to see dope prices fall by an order of magnitude if the Fed govt loses the case. And who knows, if the Fed govt were dealt a major setback in its constant attempts to violate the 10th amendment, having a few more stoners around might be a small price to pay. Besides, in California, there are so many fruitcakes and wastoids around already, who'd notice the difference?
Well, recent polls say that Prop 19 will probably fail anyway. But it would be fun.......
The Fed govt, of course, has had a law declaring MJ illegal for MANY years, generations really. If California declares the stuff legal in California, then they still run afoul of the Federal law. Many people say that MJ will still be illegal in Calif even if the ballot initiative passes, because of the Fed law, because Federal law supersedes state law.
Well, they haven't got that quite right. Fed law does supersede state law... but only where the Federal law is Constitutional. And this particular Federal law, isn't and never has been.
There is no part of the Constitution that authorizes the Fed govt to make MJ illegal. The Fed can restrict MJ that crosses state lines, under the Interstate Commerce clause. But tons of MJ is grown within California - in fact, it's California's #1 cash crop. And weed grown, dried, rolled, and smoked entirely within California, is clearly outside the purview of the Interstate Commerce Clause.
I don't do marijuana, and never have since trying it a few times back in my misspent youth. Anyone who uses it regularly, is no better then a habitual drunk IMHO, plus they are lawbreakers with no good reason.
But it would be great fun to make the case in court, that teh Fed govt has no authority to regulate California MJ, and that California has teh legal right to make it legal. In fact they would be right to do that, even if making illegal would be unwise IMHO. But Clif stands to gain huge amounts of money by making the stuff legal and then taxing the shiite out of it. And I think that Calif would work VERY hard to lay their mitts on all that nice money.
And the prospect of taking away one of the drug cartels' largest and most lucrative markets, has a certain appeal too.
For a long time I have been on the fence about MJ being illegal. I think the stuff does more harm than good, being slightly more harmful than alcohol (which doesn't give you cancer). But should government at ANY level be making laws for the purpose of saving an individual from himself? That's more a function for society to frown upon users, as they frown upon uncontrolled drunks.
If the pot heads were at all honest about their reasons for wanting MJ legal, they would knock off the arguments about its helping certain cancer patients and admit they just want to get high... or else they'd pull for MJ to be treated the same legally as Codiene, Morphine, etc.: Highly restricted, and illegal to produce yourself, but available with a doctor's perscription. Notice that they are uninterested in that solution.
But that's neither here nor there. In this election, it would be a real kick to see California trying to beat the cr@p out of the Federal government and be right about it for a change... even if the object is a miserable substance like marijuana. And to see the U.S. govt defend the same side as the foreign enemies of our country (the drug cartels), who wouldn't like to see dope prices fall by an order of magnitude if the Fed govt loses the case. And who knows, if the Fed govt were dealt a major setback in its constant attempts to violate the 10th amendment, having a few more stoners around might be a small price to pay. Besides, in California, there are so many fruitcakes and wastoids around already, who'd notice the difference?
Well, recent polls say that Prop 19 will probably fail anyway. But it would be fun.......
