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Posted by on Nov 15, 2012 in 2012 Elections, Business, Featured, Health, Law | 9 comments

State Laws Legalizing Marijuana Put Obama in a Bind: What are his Options? (Guest Voice)

State laws legalizing marijuana put Obama in a bind: What are his options? (via The Christian Science Monitor)

Last Tuesday was a banner day for those seeking to ease restrictions on marijuana use. Massachusetts joined 17 other states that allow the medical use of marijuana. Voters in Washington and Colorado passed initiatives that would make their states the first in the country to allow recreational use of…

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  • zephyr

    The war on drugs has created the prison industrial complex – which is a national tragedy and a national shame. It will take much courage from our leaders to address it – and/or enough public outrage (unlikely from this dumbed down and apathetic citizenry).

  • The second amendment grants the right to a free state. If the federal government tries to prosicute residents that are compliant with state law, the state is obligated to protect its citizens. The laws may be challenged in court as to thier constitutionality but as colorado has an amendment to thier state constitution the federal government has its hands tied. The federal government can and will impose themselves in interstate commerce but the average user/grower/distributor that is compliant with state law will be safe. If the federal government enforces federal law in direct conflict with state law that is upheld to be constitutional they will violate the second amendment, the right to a free state. If the feds were to arrest a citizen in compliance, the citizen has the right to call the state police and have the federal officers arrested. The second amendment also gives the right to defend thier freedom with the right to bear arms. Expect direct resistance from the citizens. It is thier constitutional right.

  • slamfu

    Peter, Federal law trumps state law. That is clearly defined in Article VI:

    “This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary “

  • slamfu

    What Obama could do is something similar with weed enforcement like what he did with immigration enforcement. Not make it legal, but state that the limit govt resources for pursuing offenders will focus on serious offenders and not on those deemed less harmful.

  • sheknows

    I think the President will allow the states to use descretionary judgement in cases of possession. You don’t want the prisons overburdened with silly cases. Anyone with over an ounce may have a possession with attempt to sell charge. The Federal Govt will uphold the current stand on drugs, I have no doubt. This law will not change things drastically in either state, with the exception that weekend partiers and small quantity possessors will no longer be hauled into the station. There won’t be any shops opening up, and it won’t turn into Holland. Just business as usual.

  • sheknows

    I think the President will allow the states to use discretionary judgement in cases of possession. Anyone in possession of more than on ounce, will probably be charged with possession with intent to sell. The federal govt. is not going to change it’s position on drugs by any means. The most noticeable difference will be that weekend partiers and medical users will no longer be hauled down to the station and their prisons and courts will not be overburdened with silly cases. No one will be opening up any shops, and neither state will turn into Amsterdam.

  • sheknows

    Sorry for the 2x. Cox is acting weird I think.

  • Dr. J

    Don’t bank on it, sheknows. The Obama administration has been surprisingly aggressive about coming after California’s medical marijuana dispensaries.

  • daniel_guthery

    People with addiction problems can finally seek help openly without fear of jail and being ostracized. Treating addicts like criminals just reinforces their addiction, by making them feel worse about themselves. Its just another reason to escape reality. They need medical support, not condemnation and a jail cell.

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