California legalizes marijuana for "recreational" use. Feds say it's illegal and criminal. Does States' Rights apply? What does and why?

Federal still applies  Fed can come and charge everybody with a federal crime. And should. 

There is NO way this is good idea.

This will set marijuana rights back 50 years.  This stuff is very strong and there is no way joe blow should go in and buy some.

I cannot believe this is happening.  It is stupid and dangerous.  This is for people who need to use it for medical reasons because? It is a DRUG.

I don't think anyone should be smoking or eating this unless they know they can handle it.

And the State versus the Federal law?  How insane is that? 

Either something is LEGAL or it is NOT legal. What is the point of it?  You go to a better jail if you break a Federal Law?


It is not Federally legal here in Arizona but the State says it is legal.  So far no one is getting busted from regular use, but who knows how they are using this fact to only let the chosen dispensaries thrive and bust the one's that may be competition.  Meaning, if you pay the right people off, you can get rich down here and in California.


This post was edited by WM BARR . =ABSOLUTE TRASH at January 3, 2018 2:11 AM MST

I dont know if The State of California have the right to change existing national laws. But I rather do not think so. Wasn't there a civil war fought over that?

If so, then California are unwise in legalizing marijuana as a test case. Marijuana is a "downer", it makes people less active, not more. If another civil war ensues California will be that much less likely to win it.

Too bad, I think the proposed law is rather a good idea. So far Zero-tolerance for drug crimes have been pretty disastrous, over-straining the capacity of courts and jails. Differentiating between different drugs would be a great improvement.

This post was edited by JakobA the unAmerican. at January 3, 2018 2:18 AM MST

It seems clear that Federal law in the USA trumps State laws. 
Perhaps California will mount a court challenge. That could have some really interesting repercussions.

A recent article in the 1917 Spring edition of Cosmos (vol 76) said that science is way behind in its understanding of the active and co-active  chemicals in cannabis.
It contains over 250 psychotropic chemicals and, so far, only two of these have been partially investigated for specific effects in only three medical conditions out of over fifty conditions known to be beneficially affected.
The different chemicals affect different people in different ways depending on their genes, with small numbers affected adversely for some conditions.
The huge variety of different cultivars have different strengths of specific chemicals.
The only state in the world which has done any seriously effective research on cannabis is Israel.
The FDA in the USA forbids most research, and actively cripples the few studies it allows.
Despite all this, no chemical in cannabis has ever shown any signs of being as damaging as opium and its derivatives, or alcohol, or the nicotine in tobacco.

This post was edited by Benedict Arnold at January 3, 2018 8:59 AM MST

Hi Rosie, it's my understanding that the feds aren't concerned with the "recreational" user, but moreso with those big grow operations that aren't licensed and permitted.  It used to be that joe blow could grow up to 30 plants, with the appropriate license. However, when growers pushed that limit and had massive grows, the feds could get involved then. I don't think the feds are going to arrest and charge someone who grows a few plants in their backyard or spare bedroom.  Plus, illegal indoor growers often get caught when their utility bill sky rockets. I heard on the news that a $14,000+ electricity bill sent up red flags and they got arrested. 

In only a small number of states are all forms of marijuana prohibited (8 or fewer, IIRC), 8 and DC allow recreational use, 29 have comprehensive medical legalization, and 18 allow limited medical use of CBD oil. A dozen or more may consider new legalization laws this year.

The US Department of Health and Human Services owns a patent for the medical use of cannabinoids (US Patent # 6,630,507, filed 2001, approved 2003), and has, since the late '70s, mailed pre-rolled marijuana cigarettes to a small number of people under the IND program, which belies the DEA' s Schedule I designation of marijuana. The DEA has 91 foreign offices in 70 countries (yet poppy production in Afghanistan went from near zero in 2001 to all-time highs in subsequent years). Federal, state, and local governments routinely use civil asset forfeiture laws to confiscate money and property allegedly tied to drugs, often without any charges being filed...or money/assets being returned. There are also many valid industrial uses for hemp, which is a renewable resource.

But marijuana prohibition laws are not about anything beyond control and money. Cui bono? Federal control over states and foreign countries. Federal, state, and local control over people through incarceration, fines, and forfeitures. Big government, Big Pharma, Big Oil, the Prison-Industrial Complex, the MIC, and many other big corporations benefit. The feds have nothing to lose by allowing state legalizations. They can pick and choose when to allow things to slide and when to crack down. If a state doesn't toe the line on one thing, they may find the feds more actively enforcing federal drug laws in their state. What, where, and when will vary depending upon who is in the WH, the political games being played in DC, the economy, and countless other variables. Both parties play the game, and that is why, despite growing public and state support of legalization, for medical and/or recreational use, it isn't a serious federal consideration.

As many have explained, marijuana is still illegal at a federal level. However, back in 2014, the feds agreed to stay out of it in states that legalized it. Ergo, if you qualify for a medical marijuana card in Cali, you're in the clear to have MJ. But, you do not want to cross state lines with it. This is big business in states like Nebraska, where weed is illegal. They patrol the interstates like crazy, trying to catch people leaving Colorado, where weed is legal, and they concoct reasons to pull people over when they think that person has drugs. No joke- read news reports from Nebraska-all those traffic stops are for stupid stuff that can't be proven, like "following too close" or "unsafe lane change," and the officers almost always gain access to the vehicle by "smelling weed" (despite the fact that it's sealed in air-tight containers lol) or because a drug-sniffing dog "alerted" them. FYI, those are usually bogus too. Google the science behind drug-sniffing dogs when you have time. Guaranteed, you'll be ticked at how often our right to protection from unlawful search and seizure gets squashed. 

The state-to-state madness is so bad that Nebraska and Oklahoma sued Colorado for their increased patrolling needs. I read an economist editorial that broke it down and NE is actually making money because they're nailing so many people, but NE is still gunning for CO. 

As far as fed versus state goes, and the logic behind why it's still illegal, I think most people are missing the HUGE point. Yes, like Bozette said, the feds hold the patent for medical MJ. What' more lucrative for the government? Right now, medical marijuana growers where it's legal can grow at will and create new strains because the feds don't recognize medical MJ as being valid. It's a Class I substance, meaning it has no medicinal value. If/ when that changes, every single person growing could become subject to pharmaceutical guidelines. The feds could easily raise the expenses of small-time growers through licensing and testing fees so much that they squash out all mom and pop dispensaries.  You could liken it to the feds owning the right to manufacture aspirin. Will they use that power for good or evil? Your guess is as good as mine. Plus, they'd have the ability to tax it if it's for recreational use. Between pharma benefits and taxation, the gov't stands to make a heck of a lot of money. 

One of the main problems, as I see it, is that the feds have to have multiple studies that show MJ is safe and show it has medical benefits. Until recently, those studies couldn't even be legally performed. Even now, there are strict rules on testing. Over time, I think there will be a relaxation of rules, but I also think taxation and pharma will become the government's next big cash cow.