Yeah, this is the thing i never understood about these initiatives. Federal law still takes precedence, no?

Politicandy: Yeah, this is the thing i never understood about these initiatives. Federal law still takes precedence, no?

The only thing we can hope is not that he doesn't have to be worried about re-election, Obama won't have to worry about the 'soft on drugs' charge, and will tell the feds to back off.

The Feds aren't going to be knocking down stoners doors trying to confiscate a few joints.

I heard Hostess is planning to emerge from bankruptcy

BunkyBrewman: The Feds aren't going to be knocking down stoners doors trying to confiscate a few joints.

No, but they likely WILL put the kibosh on any significantly large growing operation.

Politicandy: Yeah, this is the thing i never understood about these initiatives. Federal law still takes precedence, no?

Here's the question I have on that: Are state law enforcement officers REQUIRED to enforce federal law? I don't know the answer to that, to be honest.

nekom: BunkyBrewman: The Feds aren't going to be knocking down stoners doors trying to confiscate a few joints.

No, but they likely WILL put the kibosh on any significantly large growing operation.

Politicandy: Yeah, this is the thing i never understood about these initiatives. Federal law still takes precedence, no?

Here's the question I have on that: Are state law enforcement officers REQUIRED to enforce federal law? I don't know the answer to that, to be honest.

No, they don't have to enforce federal laws.

dr_blasto: No, they don't have to enforce federal laws.

I wouldn't have thought so, but I recall that question coming up re: illegal aliens in the past.

So what are we going to wind up with here? A brand new federal task force whose sole purpose is to enforce marijuana prohibition in the state of Colorado? That would likely be highly unpopular.

nekom: BunkyBrewman: The Feds aren't going to be knocking down stoners doors trying to confiscate a few joints.

No, but they likely WILL put the kibosh on any significantly large growing operation.

As far as I know that hasn't been legalized under CO law anyway. Only simple possession of small amounts.

Politicandy: Yeah, this is the thing i never understood about these initiatives. Federal law still takes precedence, no?

Here's the question I have on that: Are state law enforcement officers REQUIRED to enforce federal law? I don't know the answer to that, to be honest.

No. Federal and state governments have concurrent authority, each over its own laws. Federal supremacy in this case just means that feds can enforce federal law even where state law says otherwise. It does NOT require your local county sheriff to enforce federal laws.

nekom: dr_blasto: No, they don't have to enforce federal laws.

I wouldn't have thought so, but I recall that question coming up re: illegal aliens in the past.

So what are we going to wind up with here? A brand new federal task force whose sole purpose is to enforce marijuana prohibition in the state of Colorado? That would likely be highly unpopular.

Probably nothing. Growing hasn't been legalized, and you aren't going to have the DEA rolling in to bust up frat parties.

And interesting and sinister tactic the feds have been enforcing in states with growing operations is using the IRS to deny them tax deductions for ordinary businesses expenses, on the theory that deductions have to be directed toward a lawful enterprise. And they are doing it retroactively, I believe, and sending growers tax bills for those deductions dating back to however long they've been around.

My worry is that Flippinlooperhooptywhoopty is going to use the "It's legal but it ain't 100% legal" argument to drag his feet and not do shiat about implementing anything.

Hopefully, Fartbongo is willing to call off the DEA now that he's not facing re-election. I can only imagine the category 5 derpstorm that will ensue if/when a black man takes steps to allow Americans to legally smoke the debil weed.

gilgigamesh: nekom: dr_blasto: No, they don't have to enforce federal laws.

I wouldn't have thought so, but I recall that question coming up re: illegal aliens in the past.

So what are we going to wind up with here? A brand new federal task force whose sole purpose is to enforce marijuana prohibition in the state of Colorado? That would likely be highly unpopular.

Probably nothing. Growing hasn't been legalized, and you aren't going to have the DEA rolling in to bust up frat parties.

And interesting and sinister tactic the feds have been enforcing in states with growing operations is using the IRS to deny them tax deductions for ordinary businesses expenses, on the theory that deductions have to be directed toward a lawful enterprise. And they are doing it retroactively, I believe, and sending growers tax bills for those deductions dating back to however long they've been around.

Growing or owning up to six plants as an individual is legalized by this amendment. I doubt the DEA would waste resources on that; if they do, then I have an idea of where we could score some cuts to the federal budget.

This will all be fought by the IRS for the most part. You'll likely see some minor DEA raids here and there, but the IRS penalities for ill-gotten gains from illegal sales of a controlled substance will still be the most powerful weapon in their arsenal.

nekom: Here's the question I have on that: Are state law enforcement officers REQUIRED to enforce federal law? I don't know the answer to that, to be honest.


No one has to enforce any law.  Just think of those goofy laws you see all the time from hundreds of years ago like "It is illegal to gargle in public places."   I highly doubt any LA police agency enforces this.
 
Or look at speed limits.  Its illegal to go above 35 on one road near me.  Cops often don't care unless you're driving very recklessly.

nekom: BunkyBrewman: The Feds aren't going to be knocking down stoners doors trying to confiscate a few joints.

No, but they likely WILL put the kibosh on any significantly large growing operation.

...which makes it difficult for Colorado (and Washington State) to really tax this stuff to any worthwhile degree. :P

downstairs: No one has to enforce any law. Just think of those goofy laws you see all the time from hundreds of years ago like "It is illegal to gargle in public places." I highly doubt any LA police agency enforces this.

Well, police officers do have discretion. There's an older guy in town who must smoke the stuff CONSTANTLY, judging by the fact that every single time I walk by his house, the smell is obvious even from the street. But the police have never been there. He doesn't beat his wife, he doesn't drive under the influence, he just sits at home and smokes his weed and never bothers anyone. That's the type of person who is rarely hassled by police, because quite frankly even if someone did call the police on the count of the smell of it, I doubt that would be reason enough for them to care to investigate. I'm pretty sure that outside of snitches, most people who are arrested for possession of marijuana would be more accurately described as possessing marijuana while committing another crime, or while doing something stupid.

For the most part, state law enforcement officials may not enforce federal criminal law.

Suppose there is a federal crime of lèse majesté. The Onion violated it with that article about a topless Joe Biden. Colorado police can not arrest Onion editors for running that article. Federal law enforcement officials can. Colorado police can also call the FBI and report a federal crime, the same as any person.

Now suppose somebody comes into town with a kilo of cocaine. That violates Colorado law. Colorado police can arrest the dealer for a state law crime. It also violates federal law. The FBI could arrest the guy on their own.

The third case is a state-only crime. If you make a left turn onto another street and cross a double yellow line in the process you may have committed a crime. The feds can't arrest you for it.

When does the law go into effect? I bet there are a lot of idiots who are gonna get busted in the act of purchasing during the next few weeks because they thought laws go into effect immediately.

If voters choose to legalize a drug and the first thing you can think of to mock it is "don't break out the Cheetos," it's a pretty good sign that said drug being illegal is a friggin' joke.

robsul82: If voters choose to legalize a drug and the first thing you can think of to mock it is "don't break out the Cheetos," it's a pretty good sign that said drug being illegal is a friggin' joke.

You're ignoring the real and evident harm of Cheetos abuse. That innocent looking orange powder is anything but harmless.

dr_blasto: This will all be fought by the IRS for the most part. You'll likely see some minor DEA raids here and there, but the IRS penalities for ill-gotten gains from illegal sales of a controlled substance will still be the most powerful weapon in their arsenal.

That, along with fear, surprise and ruthless efficiency.

/and an almost fanatical devotion to the Pope

robsul82: If voters choose to legalize a drug and the first thing you can think of to mock it is "don't break out the Cheetos," it's a pretty good sign that said drug being illegal is a friggin' joke.

That's a fact. If anyone thinks that marijuana is any more harmful than alcohol, they've either never smoked it, never drank or never attended a rock concert.

The potheads at concerts cause much more trouble than the drunks, said absolutely nobody ever.

Eddie Adams from Torrance: I can only imagine the category 5 derpstorm that will ensue if/when a black man takes steps to allow Americans to legally smoke the debil weed.

Only if he makes jazz legal, too.

We already have rampant medical marijuana in CO and doctors that will prescribe it for anybody. People share it around with their friends and have pot parties. There are also a lot of stupid criminals trying to break into the dispensaries at night. What is the DEA doing about that?

incidentally, our local lefty indie paper is going gangbusters now. It's expanded and the back half is dominated by medical marijuana ads and news. This free paper is doing a lot better than the local conservative rag you have to pay for.

moefuggenbrew: We were smoking a little on a porch that we thought was nice and secluded in college once. Cop walked by, looked at us, said 'go inside'. We went inside.
/CSB

Heh that reminds me of a time in college when we were in this shiatty sculpting class where we had to build "functional art". My friend decides to make a hammock, and this was the crappiest thing I've ever seen. Well he had to hang it up in the front yard and take a picture sitting in it for the "functional" part. We ended up getting stoned and forgetting it out there.

About a week later there's a knock on the door, and our next door neighbor (old guy, probably late 60s) asks me to come over. I'm high as a kite and kinda freaking out, but went anyway since my roommates knew where I was going. I'm walking through his house following him, and I'm seeing plaques and pictures of him in a police uniform. Now I'm really freaking out. He walks to the backyard, opens up this case, and pulls out a fully loaded pipe with some stroooong bud in it. He takes a puff and hands it to me. I give him this weird look and he says "Don't worry, I retired about 5 years ago."

Well we ended up talking for a few minutes and he says "Now that I made a peace offering, can you do something for me?" I said sure, what is it? He goes "Can you please get that stupid piece of shiat y'all have hanging in your tree? It just looks awful." I laughed and said no problem. We toked with him a few times after that too.

/CSB

Great_Milenko

There is substantial support among conservatives for treating this as a states' rights issue. "Red" state attorneys general supported California's medical marijuana law when the Supreme Court heard Gonazles v. Raich. People who seek national office are more likely to want the federal government to make laws than not make laws, so it's unlikely that this will become a state issue in the near future. I think it's more likely that you will see Congress force medical marijuana on states than allow states to choose for themselves. More likely than either the federal ban will remain.