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Thread: Feds to issue new medical marijuana policy [edited]

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    Re: Feds to issue new medical marijuana policy [edited]

    Quote Originally Posted by Goobieman View Post
    If what you say is true, Goobieman, the solution is simple: impeach him. Anything else is hot air.
    Yes -- because I have no right to openly disagree with the policies or the President and/or claim that he isnt doing his job.

    Oh, if I had only known that when all the BDS droolers were out...
    I just reread what I wrote and it was a bit harsh. I meant that you can't do anything to change his decision short of impeachment - I guess beating him in 2012 would work as well.

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    Re: Feds to issue new medical marijuana policy [edited]

    Quote Originally Posted by winston53660 View Post
    Well California gets to deal with the situation on their level and the feds get to with it on their level.
    Ok...
    ... but that doesnt explain how or why state law should determine where and when federal laws are enforced; if a state law allows something, a contrary federal law should then be ignored.

    That runs completely afoul of the supremacy clause.

  3. #113
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    Re: Feds to issue new medical marijuana policy [edited]

    Quote Originally Posted by Goobieman View Post

    So, I ask again:
    Maybe you can tell us how the 'it is legal under state law, so we will not prosecute it under federal law' argument holds water.
    This is a canard.

    The only thing that the memo does is set priorities, and establish guidelines as to how to utilize resources.

    Here read it yourself then tell me where they said they "will not prosecute under federal law":

    http://blogs.usdoj.gov/blog/archives/192

    Since you probably will not pick up on the relevant parts:

    As a general matter, pursuit of these priorities should not focus federal resources in your States on individuals whose actions are in clear and unambiguous compliance with existing state laws providing for the medical use of marijuana. For example, prosecution of individuals... ...who use marijuana... ...consistent with applicable state law... ...is unlikely to be an efficient use of limited federal resources.
    Indeed, this memorandum does not alter in any way the Department’s authority to enforce federal law
    This guidance regarding resource allocation does not “legalize” marijuana or provide a legal defense to a violation of federal law, nor is it intended to create any privileges... ...Rather, this memorandum is intended solely as a guide to the exercise of investigative and prosecutorial discretion.
    Also of relevance is the fact that the DOJ maintains a strategic plan on how to carry out their mission. Part of the strategic plan is conveying where or how to allocate resources.

    here from the DOJ strategic plan under the DOJ goals and objectives section Strategic Plan 2007-2012:

    Integrity.
    Our leadership role and the funds entrusted to us by the taxpaying public demand that we maintain the highest levels of integrity and trustworthiness. This affects not only the way we carry ourselves as representatives of the law, but the manner in which we manage the resources entrusted to us to carry out our mission.
    from the same section of the strategic plan (goals):


    Goals...
    ...2.4 Reduce the threat, trafficking, use, and related violence of illegal drugs
    The DOJ just issued guidance in the manner in which [they] manage the resources entrusted to [them] to carry out [their] mission, and effectively pursue their strategic goals. Not the first time this has happened, and certainly will not be the last.

    They made a decision that resources to reduce the threat, trafficking, use, and related violence of illegal drugs were better focused where the states and the DOJ were in agreement, and that their strategy is best accomplished by maintaining the good will of the peoples and the states by not wasting resources where the people and the state do not feel there is a crime.

    They made a strategic decision, and personally I think it was an excellent strategic decision. So long as there is a prohibition, and we have finite resources, then it is vital that strategic decisions set priorities so that limited resources are used prosecuting those that are of the most harm to society. That is how justice is supposed to work.
    Last edited by marduc; 10-20-09 at 06:59 PM.
    Law Enforcement Against Prohibition
    Drugs are bad, prohibition is worse

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    Re: Feds to issue new medical marijuana policy [edited]

    Quote Originally Posted by Goobieman View Post
    Under the Interstate Commerce Clause, the federal government can force a farmer to sell his crop in its entirety, including the portion he might keep for himself.

    Commerce need not cross state lines for the ICC to have a regulatory effect.
    The current rationale for Federal prohibition of drugs per the Commerce Clause is a laughably, hysterically absurd notion. The idea that regulating interstate commerce somehow translates into the authority to comprehensively criminalize drug use is immensely dishonest and illogical.

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    Re: Feds to issue new medical marijuana policy [edited]

    Want to add that I'm not attributing this logic to you, Goobie, but that's just how I feel on the issue of the Commerce Clause.

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    Re: Feds to issue new medical marijuana policy [edited]

    Quote Originally Posted by marduc View Post
    Here read it yourself then tell me where they said they "will not prosecute under federal law":
    Seems pretty obvious to me:

    As a general matter, pursuit of these priorities should not focus federal resources in your States on individuals whose actions are in clear and unambiguous compliance with existing state laws providing for the medical use of marijuana. For example, prosecution of individuals... ...who use marijuana... ...consistent with applicable state law... ...is unlikely to be an efficient use of limited federal resources.
    Not sure how you think this says anything different.
    'if a state does not make this illegal, you should not prosecute these offenses in that state under federal law'.

    Medicinal marijuana is still illegal under federal law.
    How/why does a state making it legal change that?
    If it doesnt change that, then what argument is there that, because of it being legal under state law, it shoudl not be prosecuted under federal law?

    If 'effective resource management' is the REAL issue, why not simply not prosecute it in ANY state?

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    Re: Feds to issue new medical marijuana policy [edited]

    Quote Originally Posted by Ethereal View Post
    The current rationale for Federal prohibition of drugs per the Commerce Clause is a laughably, hysterically absurd notion. The idea that regulating interstate commerce somehow translates into the authority to comprehensively criminalize drug use is immensely dishonest and illogical.
    If the commerce crosses state lines, then the power clearly exists.

    And I agree with you -- the power that the federal governmenr has claimed under the ICC has grown far out of control.

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    Re: Feds to issue new medical marijuana policy [edited]

    Quote Originally Posted by Goobieman View Post
    If 'effective resource management' is the REAL issue, why not simply not prosecute it in ANY state?
    Sounds reasonable to me.

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    Re: Feds to issue new medical marijuana policy [edited]

    Everyone who thinks marijuana should be legalized smokes it.

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