Sessions is at it again!!

TacoMac

TacoMac

Well-Known Member
Bear420 said:
By TocoMac post is this true, if so how did the seat-belt laws get passed, was it a state effort or enforced by the feds?
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Most states have secondary laws (laws that aren't necessarily enforced on everybody - they can't pull you over for it, but can site you for it if you're pulled over for some other reason) and those mostly apply to youth, not adults. It's just like helmet laws. Not all states have them, and the ones that do differ. For instance, in South Carolina, you must wear a helmet until you're 21. After that, it's your option. In Georgia, it's mandatory for all ages.

Seat belts are the same. They're written differently from state to state. The Federal Government just recommended the guidelines for it for use on the INTERSTATE highway system due to fatalities.

Again: INTERSTATE COMMERCE.

Jesus wept.
 
twostrokenut

twostrokenut

Well-Known Member
Magic Mike said:
It's already been established that fed law trumps state law in medical marijuana cases. 2005 Angel Raich sued Ashcroft and DEA and lost the case meaning Fed > State marijuana laws.

Angel Raich was a medical marijuana patient who was raided and her husband was an attorney (if I remember right).

I learned that at Oaksterdam back in 09 there was a segment about it.

But the point is, it's already been established and already been through the supreme court .
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Is mj federally illegal to grow?
 
TacoMac

TacoMac

Well-Known Member
twostrokenut said:
Is mj federally illegal to grow?
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It depends on where and how it's done.

Medical Marijuana in California is, technically, illegal for a private individual to grow under Federal Law.

Recreational Marijuana in Colorado is, technically, LEGAL to grow for a private infividiual.

The reason for that is simple and I've stated it many, many times: INTERSTATE COMMERCE!!!

The Medical Professions access to medications is regulated by the Federal Government. As such, anything used "FOR MEDICINAL PURPOSES" falls under the domain of the Federal Government.

The reason Angel lost her case was that she was growing on a co-op with others a crop meant to be used for "Medicinal Purposes". The Federal Government won the case simply because they argued that with medicinal crops being the domain of the Federal Government, allowing private individuals to circumvent Federal regulations removed the ability for the Federal government to properly regulate the crop which creates a whole host of issues both legally and with regard to safety.

The Federal Government would have no such standing in Colorado as it's grown purely for recreational purposes, which is not in the domain of Interstate Commerce.

The complete lack of knowledge on this topic from this many people is simply stunning.
 
twostrokenut

twostrokenut

Well-Known Member
TacoMac said:
It depends on where and how it's done.

Medical Marijuana in California is, technically, illegal for a private individual to grow under Federal Law.

Recreational Marijuana in Colorado is, technically, LEGAL to grow for a private infividiual.

The reason for that is simple and I've stated it many, many times: INTERSTATE COMMERCE!!!

The Medical Professions access to medications is regulated by the Federal Government. As such, anything used "FOR MEDICINAL PURPOSES" falls under the domain of the Federal Government.

The reason Angel lost her case was that she was growing on a co-op with others a crop meant to be used for "Medicinal Purposes". The Federal Government won the case simply because they argued that with medicinal crops being the domain of the Federal Government, allowing private individuals to circumvent Federal regulations removed the ability for the Federal government to properly regulate the crop which creates a whole host of issues both legally and with regard to safety.

The Federal Government would have no such standing in Colorado as it's grown purely for recreational purposes, which is not in the domain of Interstate Commerce.

The complete lack of knowledge on this topic from this many people is simply stunning.
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The interpretation of "among" as to mean "within" is surely hanging on a thread.
 
TacoMac

TacoMac

Well-Known Member
Magic Mike said:
yeah but I think nowadays the fed laws are lacking teeth in legal states.
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And that is where you are wrong.

California in particular has a massive issue with the whole "medicinal use" thing. Medicine is the domain of the Federal Government. As such, anybody not licensed by the Federal Government as a supplier is quite literally breaking Federal Law by self supplying.

Now, that doesn't mean that licensed growers and sellers are at risk. That would be an entirely different kettle of fish for the Federal Government to tackle...and in all likelihood, they (the Federal Government) would lose.

But as far as private citizens growing, yea. They (The Federal Government) win that one every time.

In Colorado's case though the Federal Government has no case at all as it's for recreational use. The only way they would have standing there is if (as I mentioned before) they found out people were dealing it after growing it rather than growing ONLY for their OWN USE.

Now, we all know full well that many people there (and everywhere for that matter) do exactly that. They just can't stand NOT doing it. By doing so, they infringe upon the very interstate commerce laws that will shut them down.

Let the Federal Government find just one instance of somebody in Colorado selling over state lines and it's all over. They (the Federal Government) would then have standing to abolish Colorado's law as they obviously can't enforce it.

And then we're all right back to where we started from with MJ being illegal pretty much everywhere.

It wont be the Federal Government's problem if/when it happens. It'll be the idiots that just can't stand not selling it for profit no matter what that do us all in.
 
Magic Mike

Magic Mike

Well-Known Member
TacoMac said:
And that is where you are wrong.

California in particular has a massive issue with the whole "medicinal use" thing. Medicine is the domain of the Federal Government. As such, anybody not licensed by the Federal Government as a supplier is quite literally breaking Federal Law by self supplying.

Now, that doesn't mean that licensed growers and sellers are at risk. That would be an entirely different kettle of fish for the Federal Government to tackle...and in all likelihood, they (the Federal Government) would lose.

But as far as private citizens growing, yea. They (The Federal Government) win that one every time.

In Colorado's case though the Federal Government has no case at all as it's for recreational use. The only way they would have standing there is if (as I mentioned before) they found out people were dealing it after growing it rather than growing ONLY for their OWN USE.

Now, we all know full well that many people there (and everywhere for that matter) do exactly that. They just can't stand NOT doing it. By doing so, they infringe upon the very interstate commerce laws that will shut them down.

Let the Federal Government find just one instance of somebody in Colorado selling over state lines and it's all over. They (the Federal Government) would then have standing to abolish Colorado's law as they obviously can't enforce it.

And then we're all right back to where we started from with MJ being illegal pretty much everywhere.

It wont be the Federal Government's problem if/when it happens. It'll be the idiots that just can't stand not selling it for profit no matter what that do us all in.
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Not to make light of the federal laws, it is a fact that any and all marijuana activity is federally illegal anywhere in the US.

When I say "lacking teeth" what I mean is in terms of convict-ability . With marijuana's popularity and state legality, it makes it a harder crime to convict..

if they tried to convict a big player like Steve De'angelo , they would probably not only have the Oakland City Counsel, but more than likely the State's Attorney General in De'angelo's defense . I don't think they have the power to convict in a case like that.. I think they would lose the case in court.. just my opinion

They have all the power to make anybody and everybody in the industry miserable and we've all seen the smash and grabs, and asset forfeiture cease and desist letters, and other shit they can do. The disturbing part is there is no immunity from shit like that
 
TacoMac

TacoMac

Well-Known Member
UncleBuck said:
you are wrong. learn to deal with it.
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It's odd that you say that to every post everybody makes.

The fact is, that under Colorado Law, it's legal to posses it for your own personal use and grow it for your own personal use. A plant in your house being used by you exclusively is no different than a bag of it on your dresser in your house. As far as the Federal Government is concerned, they're both the same. They don't care what form it's in, it's still a schedule one drug.

But since Colorado has deemed it legal in that state, the only thing the Federal Government can do is sit and wait. They can't ticket you or prosecute you for what you have in your home under Colorado law because it does not infringe on Interstate Commerce. Now, the instant you start selling it, transporting it across state lines, or growing it for profit privately, then the Federal Government can come down on you like a ton of bricks.

Again, the only difference between California and Colorado is that Colorado did it the right way and California didn't. California based its law on medicinal purposes, which is regulated entirely by the Federal Government.

The Federal Government has no standing in private recreation.
 
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