I may not be remembering my political science classes as well as I'd like, but I thought that state law was stronger than federal law. If that is the case, how can the federal government put people in jail for legally aquired medical marijuana when California has passed a law for it? And if that's true, how do we get California to stand up for its states rights against the federal government? Please enlighten me.
2006-11-16 14:01:47 · 11 answers · asked by lavender-chartreuse 2 in Politics & Government ➔ Law & Ethics
This is something I read recently: The U.S. Constitution gives the federal government no power to prohibit pot. Article 1, Section 8, provides congressional marching orders on many tasks -- banning weed is not one of them. Neither is skirting the 10th Amendment, which specifically holds the duties of the government to what the Constitution permits; all else is the business of the states alone.
2006-11-16 14:25:42 · update #1
Article Six of the US Constitution says, "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, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding," which essentially meas that federal law always supersedes state law.
The Supreme Court has ruled that, since marijuana is sold across state lines and more often than not comes from outside the country altogether, Congress can regulate pot under the Commerce Clause. Congress can even regulate non-interstate sale of pot because it affects interstate commerce.
2006-11-16 14:29:37 · answer #1 · answered by James 7 · 2⤊ 0⤋
With the amount of marijuana that a dispensary has, likely the DEA would do the arrest and take it to the Federal District Court system. For a user, well they might never get arrested by the DEA. There have been known cases in other States where a user would have real pot, like Blonde weed and that's not the same as green so called Whack weed. This user could be arrested for using drug user marijuana. Such suspected activity can lead to an arrest. A good example is if the dispensary imported real high grade Black weed/Ganja from Jamaica WI, then they are done.
2016-05-21 21:51:22 · answer #2 · answered by Anonymous · 0⤊ 0⤋
You have it backwards - federal law supercedes state law. That's why we fought the Civil War - over states' rights. Only in that case the Southern states were arguing that they had a right to own slaves and the federal government said they didn't. They fought; the South lost.
However, just because federal law squashes state laws does not mean that the feds will always go after people that they think are violating federal, but not state law. They pick and choose their cases. One of the problems is that they have to continue to work with state authorities, but the latter's authority comes from the public who approved these state laws (medical marijuana laws, etc.) to begin with. It's a ticklish position and not all cut and dried.
2006-11-16 14:49:06 · answer #3 · answered by Shelley 3 · 0⤊ 0⤋
No, States laws cannot over-ride Federal laws. The big dogs in DC have a nasty habit of cutting federal Highway funds to states that try to do something against federal law. About 15 years ago, several states had funding held up until they passed helmet laws for motorcycle riders.
Big government is not what we need.
2006-11-16 14:49:22 · answer #4 · answered by George C 4 · 0⤊ 0⤋
Supremacy Clause (Articel VI) -- federal law preempts state law, where there is a conflict.
Article I Section 8 gives Congress the power to regulate interstate commerce. As interpreted, that means any commerical activity, or anything that directly impacts a commercial activity. Specifically, this includes regulation of any products that might get sold in interstate commerce.
Selling pot is a commerical activity, albeit an illegal one, and pot might get sold in interstate commerce. Hence, Congress can regulate its use or possession. Congress has done so by declaring it a controlled substance, and thus illegal to possess.
Federal law trumps state law.
2006-11-16 14:35:59 · answer #5 · answered by coragryph 7 · 0⤊ 0⤋
The state laws are much closer to the pulse of the people . When states vote to make marijuana available to it's people the federal government should stop trying to perpetuate their antiquated ideals on them
2006-11-16 14:40:03 · answer #6 · answered by Az Rastaman 3 · 0⤊ 0⤋
no, That is what happened during the Civil war, states lost most of thier rights,
The way it was sit up, was that the states reserve all rights not given to the federal government, but that has not been the case during either of our life time.
In todays world, the Federal law always over rides the State law.
That is why like on Abortion, states have old laws on the books, but federal law over road it.
And so with drug crimes, labor laws, and so many more.
2006-11-16 14:06:38 · answer #7 · answered by Anonymous · 2⤊ 1⤋
Simply put...no.
A state cannot enact a law the violates a federal law.
2006-11-16 14:05:56 · answer #8 · answered by LeAnne 7 · 0⤊ 0⤋
your ignorance astounds me
How can you possibly think that a state could have more power than the federal government
sheesh
2006-11-16 14:10:26 · answer #9 · answered by Anonymous · 0⤊ 1⤋
no matter what one sites corruption rules even if fed law controls
it's a law of lies and corruption.
2006-11-16 15:03:17 · answer #10 · answered by dogpatch USA 7 · 0⤊ 0⤋