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Thread: DOJ gives ok to state mj legalization

  1. #1

    Smile DOJ gives ok to state mj legalization

    DOJ won't challenge Wash., Colo. marijuana laws - NBC Politics

    So basically the DOJ just released a memo saying they would essentially not seek to interfere with states that legalize marijuana, as long a certain standards set by the fed are met.(theres 8 criteria).

    A link to the actual memo:
    http://www.justice.gov/iso/opa/resou...2756857467.pdf

    I see it being legal in many states within the next few years now. At the same time how is all this going to play out. I'm curious as to what other people think this will lead to.

  2. #2

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    Its still a felony to merely have marijuana. So, its still illegal.


    The federal government needs to quit playing footise's with this. Saying they won't go after people but still have it be a high crime.

  3. #3

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    Quote Originally Posted by Fire2box View Post
    Its still a felony to merely have marijuana. So, its still illegal.
    Yes and no.

    What they're saying is that they will not seek to enforce laws within states that have passed legalization bills. As long as the 8 criteria within the memo are met and the sate hold records of revenue.

    If you are dealing in felony amounts then yes, you will still be arrested by the federal government.

    The US government cant just legalize marijuana for alot of different reason , this way they can still say its illegal. If the state voters choose to legalize marijuana, at least for the mean time, the federal government is giving the go ahead(the way its worded i think they using this on a trial basis though)


    EDIT:


    Quote Originally Posted by Press Release
    Holder announced that the Department of Justice will take a “trust but verify approach” to the new marijuana laws, but did reserve the right to file a preemption lawsuit at a later date if necessary.
    In a three page memo issued by Deputy Attorney General Cole, the DOJ clarified they will still retain the right to prosecute individuals who engage in the following circumstances:
    -the distribution of marijuana to minors;
    -revenue from the sale of marijuana from going to criminal enterprises, gangs and cartels;
    -the diversion of marijuana from states where it is legal under state law in some form to other states;
    -state-authorized marijuana activity from being used as a cover or pretext for the trafficking of other illegal drugs or other illegal activity;
    -violence and the use of firearms in the cultivation and distribution of marijuana
    -drugged driving and the exacerbation of other adverse public health consequences associated with marijuana use;
    -growing of marijuana on public lands and the attendant public safety and environmental dangers posed by marijuana production on public lands;
    -preventing marijuana possession or use on federal property.
    Last edited by d4l; 02-Sep-2013 at 22:43.

  4. #4

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    Nevertheless, the Feds have a thing called the supremacy clause which states federal law trumps state law and further, states do not have the right to nullify federal laws. Yes, perhaps the all powerful Obama has your back for now, but he can merely change his mind next week and direct the DEA anywhere he wants by setting their enforcement priorities. Also, there will be a new president someday and he/she may not feel the same way... Proceed with caution.

    You are wrong to say the Feds can't just legalize marijuana - they can - just pass a law, but they won't. They far too much enjoy the precarious situation the marijuana user/grower is in here as while the state may not care - you never know when you will become the target of the feds. I doubt many more states will legalize it unless the Feds take action to permit them to do so as there is no real incentive to do so knowing the Feds can take it all away without any notice at all.

  5. #5

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    Quote Originally Posted by RedPanda View Post
    Nevertheless, the Feds have a thing called the supremacy clause which states federal law trumps state law and further, states do not have the right to nullify federal laws. Yes, perhaps the all powerful Obama has your back for now, but he can merely change his mind next week and direct the DEA anywhere he wants by setting their enforcement priorities. Also, there will be a new president someday and he/she may not feel the same way... Proceed with caution.
    Im more than well aware of how our government works, but the feds gave them the go ahead to supersede their law on a trial basis so your point is pretty moot.
    Also, This came from the director for the DOJ not obama or anyone associated with he DEA. Its hard to say how it will play out in the long term.





    You are wrong to say the Feds can't just legalize marijuana - they can - just pass a law, but they won't. They far too much enjoy the precarious situation the marijuana user/grower is in here as while the state may not care - you never know when you will become the target of the feds. I doubt many more states will legalize it unless the Feds take action to permit them to do so as there is no real incentive to do so knowing the Feds can take it all away without any notice at all.
    Youre being overly paranoid.

    Secondly no the government cant just legalize marijuana its much more complicated than you think. One of the main reasons being the US is a member many different treaties within the UN to control certain illicit substances, marijuana being one of them. Theres no infrastructure for marijuana to be supplied in the quantity it would be demanded if legalized without funneling ungodly amounts of cash to organized crime(one of the things they are trying to prevent as addressed within the memo). Theres so many other valid reason why they cant just one day go ahead with full legalization.

  6. #6

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    I think it's high time that marijuana was decriminalized and at the least, became a misdemeanor. That would make a lot of people's lives a little easier. One of my friends just got busted for smoking a joint. I live in Virginia, and it will be a long time before it is legalized here as we are a very conservative state. Ironically, we are a tobacco state, and it was only a couple of years ago that smoking was for the most part, outlawed in restaurants. Virginia does enjoy its tax revenue from tobacco. I would bet that tobacco kills more people than pot.

  7. #7

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    It's too bad the US government didn't learn from it's experience with the 18th amendment to the constitution, circa 1920. To those who don't know, it is the prohibition to the production and sale of alcohol. All this did was to drive it underground and create a huge, organized crime group. Same thing is happening with the so called war on drugs.

    All they have to do is to legalize it and then tax the hell out of it, like they do for other drugs (tobacco, alcohol).

    Another point, prisons in the US are overflowing with people who are there due to mandatory sentencing laws that lock up minor drug offenders. This in turn, just hardens them into being worse offenders.

  8. #8

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    I am enough of a libertarian to find laws legislating morality (e.g. drugs, prostitution, alcohol, etc.) silly and counter-productive and I believe that they should be removed. However, we live in a republic with an elected legislature. It is not up to the executive to decide which laws to enforce. If the law is wrong change it.

    The current administration has a tendency to legislate by fiat. For example, I agree with the basic philosophy of the "Dream Act" for children brought here illegally, but Congress did not pass it and there is nothing in the U.S. Constitution that allows the President to decide to pass the law by executive order. This is more of the same (and, by the way, saying the the DOJ and DEA decided not the President is sophistry).

  9. #9

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    Quote Originally Posted by d4l View Post
    Im more than well aware of how our government works, but the feds gave them the go ahead to supersede their law on a trial basis so your point is pretty moot.
    Also, This came from the director for the DOJ not obama or anyone associated with he DEA. Its hard to say how it will play out in the long term.
    That person does not make the law - the feds can't even pass a law saying they give the states the right to trump federal law without changing the Constitution. The point is not moot as the actions of the feds to let states do what they want would not withstand court challenges. Treaties can be changed or withdrawn upon anyhow. There is growing sentiment worldwide that those treaties need to change to refelct modern day attitudes (towit the increase in recreational marijuana legalization even in countries supposedly bound by treaties). We would be held accountable to the largely stupid UN... what are they going to do - send us a strongly worded letter?

    - - - Updated - - -



    Quote Originally Posted by howiebabe View Post
    I am enough of a libertarian to find laws legislating morality (e.g. drugs, prostitution, alcohol, etc.) silly and counter-productive and I believe that they should be removed. However, we live in a republic with an elected legislature. It is not up to the executive to decide which laws to enforce. If the law is wrong change it.
    The Executive Branch does have the power of selective enforcement, though has a duty to enforce laws that are constitutional. It can also set enforcement priorities through executive orders.Obama has taken the failure to enforce certain laws, such as immigration, to an all new level of reasoning - that of "fairness." The only laws they can truly choose not to defend are ones they have determined are unconsitutional.... leave it to Obama to redefine that to his idea of fairness.

    Just saying to the marijuana lovers - proceed with caution as you don't really know what the feds will do - and you can't trust them. Perhaps I am paranoid - but there are hundreds of years of US history to tell you how much the gov't can be trusted to protect your interests.

  10. #10

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    Well, living in a state that has legalized marijuana, and one who voted for it myself. haven't yet bothered with having some of this 'Evil Weed'. just not my drug of choice.

    While the world hasn't ended yet, I am seeing a few instances in the police blotter that weren't there before, namely Driving while Stoned (formerly Driving while Intoxicated), and underage possession of Marijuana (used to be simple Possession)

    there are a few pot shops in town, namely because they've been there for years since the medical marijuana law has been passed. What it has done was leave the counties and municipalities to come up with their ordinances. some communities already have pretty much had, Carbondale CO for example, prior to state legalization, it was a whole $5 ticket to get caught smoking a joint in public for the past 2 decades, and rarely enforced at that (BTW public consumption of alcohol was never dealt with heavily there either). No problem now, they now tax simply tax pot at 17%, and make alot more money for it.

    At the county level, the County Commissioners here banned all Marijuana sales and grow operations outside of municipalities. It is currently locally considered a very foolish move considering 80% of its residents voted FOR legalization, it already seems most of them will be out of a job after the next election seeing the debates in the local newspaper. Other counties and municipalities have banned it outright, so business as usual for them.

    As far as my own town, life really hasn't changed, aside from a whiff of pot smoke becoming only slightly more prevalent coming from my next door neighbor's yard, I haven't noticed any differences.

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