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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 you believe it is OK for the chief executive to only enforce the laws he likes, there might as well not be a legislature.
    It's his discretion.

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

    Quote Originally Posted by reefedjib View Post
    It's his discretion.
    No, its not.
    Outside his veto, what should and should not be illegal is not his call -- that's what Congress does. Once Congress declares something illegal, the President is to 'faithfully execute' the law.

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

    Quote Originally Posted by Goobieman View Post
    No, its not.
    Outside his veto, what should and should not be illegal is not his call -- that's what Congress does. Once Congress declares something illegal, the President is to 'faithfully execute' the law.
    Oh, it's still illegal.

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

    Quote Originally Posted by reefedjib View Post
    Oh, it's still illegal.
    That's where "faithfully execute" comes in.

    Not enforcing a law that makes something illegal because you don't think it should be illegal is not a faithful execution of the office.

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

    Quote Originally Posted by Goobieman View Post
    That's where "faithfully execute" comes in.

    Not enforcing a law that makes something illegal because you don't think it should be illegal is not a faithful execution of the office.
    Sure. But not enforcing a law because you think your resources are better spent in a different manner is another thing entirely. It still maintains "faithful execution".

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

    Quote Originally Posted by reefedjib View Post
    Sure. But not enforcing a law because you think your resources are better spent in a different manner is another thing entirely. It still maintains "faithful execution".
    BUT... that's not the impetus.
    The enforcement is based on if a state makes it illegal or not.
    Thus, the enforcement is not tied to resources, but legality.

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

    Quote Originally Posted by Goobieman View Post
    BUT... that's not the impetus.
    The enforcement is based on if a state makes it illegal or not.
    Thus, the enforcement is not tied to resources, but legality.
    Good point.

    What are the federal laws against drugs? Are they not under the Interstate Commerce Act? Pot grown in a state for use in that state wouldn't violate those laws would it?

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

    "It will not be a priority to use federal resources to prosecute patients with serious illnesses or their caregivers who are complying with state laws on medical marijuana, but we will not tolerate drug traffickers who hide behind claims of compliance with state law to mask activities that are clearly illegal," Attorney General Eric Holder said in a statement.


    See it refers to federal resources...

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

    Quote Originally Posted by reefedjib View Post
    "It will not be a priority to use federal resources to prosecute patients with serious illnesses or their caregivers who are complying with state laws on medical marijuana, but we will not tolerate drug traffickers who hide behind claims of compliance with state law to mask activities that are clearly illegal," Attorney General Eric Holder said in a statement.
    See, it refers to legality....

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

    Quote Originally Posted by reefedjib View Post
    Good point.
    What are the federal laws against drugs? Are they not under the Interstate Commerce Act? Pot grown in a state for use in that state wouldn't violate those laws would it?
    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.
    Last edited by Goobieman; 10-20-09 at 12:10 PM.

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