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California legalizing Pot
Article
Quote:
California Pot Legalization Wouldn't Trump Federal Law
By ASHBY JONES
Even if Californians vote next month to legalize marijuana, possession of the drug will still be a criminal offense under federal law, which trumps state law almost every time under the U.S. Constitution.
But crackdowns on users and small-scale growers could decrease if Californians pass Proposition 19, the ballot measure proposing to legalize marijuana for recreational purposes.
In a statement, a Justice Department spokesman said it was "premature to speculate on what steps we would take" in the event California passes the measure, but that it will continue "to focus its enforcement resources on significant traffickers of illegal drugs, including marijuana, in all states."
Legal experts say that while large-scale sellers might be of interest to federal authorities, others are unlikely to be a priority.
"Is the government going to put hundreds more DEA agents in northern California to go after cannabis growers?" asked Mark Kleiman, a professor of public policy at the University of California, Los Angeles. "It might, but if there's no state-level enforcement, California would still be the safest place to grow pot."
The federal government could try to use federal tax law to crack down on sale and distribution of marijuana. It might choose that avenue if it decides the California ballot measure runs afoul of international treaties signed by the U.S. that attempt to control the drug trade. That isn't clear.
Another potential problem for federal officials: Legalization in California might make marijuana more available throughout the country, potentially undermining state laws elsewhere. That would put federal authorities "in an incredibly tough spot," said Gerald Uelmen, a professor of criminal law at Santa Clara University.
Write to Ashby Jones at ashby.jones@wsj.com
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I have been wondering what would happen if the law does pass, if the federal government will sue like they did in Arizona. It is interesting to see in this law that there has been a lot of support for this law by local law enforcement, since it would free them up, and at the same time remove a lot of money from gangs and other criminal enterprises.
This article does answer the legal question if it would make it legal, it would just becomes a federal issue, and up to them to prosecute. Which does make it more tricky you get caught for one thing, they find some Pot, do not have enough evidence they can force you to agree or threaten to turn you in to the feds.
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Now, a clever man would put the poison into his own goblet, because he would know that only a great fool would reach for what he was given. I am not a great fool, so I can clearly not choose the wine in front of you. But you must have known I was not a great fool, you would have counted on it, so I can clearly not choose the wine in front of me.
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