TacoMac
Well-Known Member
Wow man. You really are out to lunch.yes you are.
But just once more, I'll try to dumb this down to where even the average rock could understand it. Here goes:
The law is a very simple thing. In all of it, there is one common requirement that must be met before anything can happen - you MUST have standing.
If you do not have standing, you can not bring a case before the court. (That's any court, anywhere, anytime.) A very layman example of that would be that you can't sue an insurance company for damages your buddy received in a car accident. Why? Because you have no standing: it wasn't your car. You weren't involved. You were not injured. You have absolutely nothing to do with it, so you have no standing.
Now, you could file a suit, but it would be tossed out the instant the clerk read it.
The same applies to law enforcement; they too must have standing in order to file charges or act at all. Here's an example of that:
Marijuana is illegal in Georgia to posses. Period. Now, if you grow a couple plants in your house and get caught with it, you're going to face a misdemeanor charge. Typically, you'll get a 500 dollar fine and 2 years probation. If you're not in trouble over it again in two years, your record is expunged.
That's it.
So why don't you face any Federal charges? Because the Federal Government has no standing in the case at all. It doesn't involve interstate commerce and it has nothing to do (on either your case or the police) with a violation of any constitutional right.
Even if a Federal Agent was the one that walked into the house and saw the two plants, there's actually nothing on earth he can do except call the local police. He himself has no jurisdiction over it.
This is why you don't see the DEA tracking down people holding an ounce of pot or growing a few plants. It's not in their realm of jurisdiction. In order for DEA to get involved, it MUST involve interstate commerce. (i.e. trafficking/distribution.)
So this takes us back to Colorado. Even if a DEA agent walked into your house in Colorado and saw a plant in the corner and an ounce in a bag on the counter, there's nothing on earth he can do about it. He has no standing since it doesn't involve trafficking or distribution. Now, he could call the local police, but they're going to tell him, "So what? It's legal. He's good to go as far as we're concerned" and that would be that.
The only time DEA could do anything is if they found out that individual was selling/distributing. Other than that, they are quite literally powerless.
Even if the President of the United States ORDERED the DOJ to file charges, he would be told no. If he insisted, he could actually be impeached for several different articles starting with abuse of power.
Even if, by some miracle, charges were filed, the first judge to look at it is going to say, "What idiot filed this? You have no standing. Stop wasting my time. Case dismissed with prejudice."
And since I'm sure you don't know, when a judge says "Dismissed with prejudice" that means the case can never, ever, under any circumstances be brought to him again. Ever.
Going back to the California case: Again, the woman was growing for medicinal purposes. That is the very domain of the Federal Government because of it's regulation of schedule 1drugs.
So they have standing on who grows, where, and how.
It's just that easy. If you don't get that, then you're the greatest example of a village idiot I've ever come across.