Hello:
Pot is legal in my state, but REMAINS illegal under federal law. Even though it's a STATE database, there's no guarantee that the feds can't get it and prosecute me. If I sued the state to get my card based on that issue, would I win?
Which Constitutional scholar wants to take this one on?
excon
I must admit, after Richardson v. United States, my understanding of constitutional interpretation is limited.
However, I would argue that signing up for a medical marijuana license is NOT evidence of any criminal activity, any more than signing up for a driver's license is an indication you do (or intend to) violate traffic laws, drive recklessly, and/or drive while intoxicated.
Of course, if the feds want to use the licensee database as the basis of a harassment campaign, I'm not sure what can be legally done to stop it. I'm not sure the feds would even bother asking permission. They'd just have the NSA hack into the database and use it.
Yoikz!
That is a conundrum, isn't it? I never thought about that and I am putting my name in for a card myself...
While we're on topic, one thing that should happen immediately is have it removed from the federal classification as a Schedule 1 narcotic.
Pot does not even meet the Schedule 1 criteria.
I know! But none the less...there it is
