Under federal law, marijuana is illegal, period. But some legal scholars and policy analysts say the government will not be able to require California to help in enforcing the federal marijuana ban if the state legalizes the drug Without assistance from the state's legions of narcotics officers, they say, federal agents could do little to curb marijuana in California. "Even though that federal ban is still in place and the federal government can enforce it, it doesn't mean the states have to follow suit," said Robert Mikos, a Vanderbilt University law professor who recently published a paper about the issue.
James: You'd think Republicans would be for this measure passing if for no other reason than they are always saying how states' rights are sacred. It's based on the 10th amendment to the U.S. Constitution. In other words, if the Constitution doesn't prohibit something or delegate responsibility to the federal government then the decision should be left up to the people of each state. Well, the Constitution doesn't ban marijuana, in fact it's written on hemp paper, which is a cousin to the cannabis plant!! How ironic!! Nor does the Constitution say that the federal government can enforce the illegality of marijuana within the states.
In 2005 the Supreme Court ruled that the federal government could still enforce the federal ban on marijuana because of the "Commerce Clause." The feds weakly argued that pot grown legally in California for medicinal us could enter the interstate market, which is regulated by the feds. This allowed the federal government to still regulate marijuana in California though how California is responsible for someone selling their own pot across states lines is beyond me. Why doesn't the federal government just deal with things on a case by case basis and if they find someone selling pot across state lines then arrest them? To say instead that the whole state of California has to pay for this one person selling it across state lines is a clear breach of power in my eyes.
So if you're in California and support the legalization of marijuana I plead with you to get out and vote for these measures. And to those who might oppose it or be sitting on the fence just look at how well prohibition worked for alcohol in the 1930s. It was a disaster and the prohibition of marijuana has been even more of a failure. You may not smoke it and you may not like it but what right do you have to tell me that I can't smoke it in the privacy of my own home? I shouldn't have to not smoke pot in my home because you have a religious or moral objection to pot in general.
Don't you think that is giving the federal government too much power over our lives? If freedom, and in particular personal liberties mean anything to us then we should have a right to smoke a plant that has been shown to be less of a problem for society, law enforcement, relationships and communities than alcohol AND tobacco. It's not even physically addictive!! Yes, it can be psychologically addictive but so can your Aunt Stella's Double Chocolate bunt cake. If you want to stop smoking pot you might be moody for a day or two (at the most) but no withdrawals, no shakes, no vomiting--nada. Plus, it's an all-purpose medicine for upset stomach, nausea (Pepto Bismol has nothing on pot when it comes to stomach pain) depression, rage (you don't hear about people smoking pot and then beating their wife like you do with alcohol) and migraines.
So please listen to reason and know that the taxation of marijuana could bring in billions of dollars to fund health programs for kids and adults. As well as pay for roads, transportation cost or anything that a state might need extra money for. Establish a ban on smoking it outside the confines of your property, establish a ban from smoking and driving but allow people the right to smoke a plant that (if you believe in a Creator) "God" put here in the first place!! Maybe he WANTS us to smoke it to help us relax knowing the stress that Earthly life would put on us!! You don't know for sure that "God" would be against smoking a natural plant, do you? Have you had a visitation from "Him?" If so, would you please notify the news because I'd like to hear what "He" said. But seriously, leave it up to the states if nothing else and if a majority of citizens vote to legalize it then wouldn't preventing that vote from being implemented be undemocratic and outright dictatorial? I think we all know the answer to that question.