You didn’t really think the inevitable legalization of marijuana for recreational use would be left up to a vote by the people of California now did you? Even if California voters unanimously vote yes on Proposition 19, the ballot initiative that’ll legalize the HEALING of the NATION, the United States Attorney General Eric Holder has stated just three weeks before this historic vote, “We will vigorously enforce the CSA against those individuals and organizations that possess, manufacture or distribute marijuana for recreational use, even if such activities are permitted under state law.” So much for the WILL of the PEOPLE, eh?
What Holder means by the CSA is the federal Controlled Substances Act which lists marijuana as a schedule 1 drug meaning it has a very high potential for abuse, like police brutality, discrimination, incarceration, etc…and has NO medical use, despite the fact Holder obviously recognized it’s medical use when last year he and the Obama administration stated they’d not prosecute or go after legal medical marijuana establishments and the people involved with ‘em.
Anyhow, according to federal law, marijuana is still illegal, even the “medical” stuff. And, unfortunately the U.S. Supreme Court has ruled the federal government has the right to enforce its ban regardless of state law. Keep in mind, nearly every weed arrest is made at the state level. Of more than 847,000 marijuana-related arrests in 2008, about 1% or 6,300 suspects were busted by the feds.
Holder also mentioned taking marijuana out of the hands of drug dealing criminals and instead allowing California businesses to sell and tax WEED would be a “significant impediment” to the government’s joint efforts with state and local law enforcement to target drug traffickers, who often distribute marijuana alongside cocaine and other drugs. The feds obviously see marijuana prohibition, with its jailing and policing and brutalizing, creates more wealth than taxing the sale of herb.
The makers of STUFF STONERS LIKE are obviously STONERS not LAWYERS, but doesn’t Article Thirteen explicitly state “No amendment shall be made to the Constitution which will authorize or give to Congress the power to abolish or interfere, within any State, with the domestic institutions thereof?” So isn’t the Controlled Substance Act something that’s always been left to the States to enforce anyhow? So if a state like California decides not to enforce the CSA isn’t that right protected by the US Constitution? Maybe these aren’t just threats…maybe the Federal government is planning on turning California into a police state and plan on enforcing the CSA to its fullest extent of the law…so they can bust everyone, recreational users, growers, established business and PATIENTS.
What most likely will happen is like any major decision, gay marriage, don’t ask/don’t tell…the ultimate decision will not be cast by the voice of the people but rather it’ll be made by the courts since the feds are already hinting at lawsuits as Director of National Drug Control Policy Gil Kerlikowske said this morning the Justice Department officials are “looking at all their options” for responding to the measure. Remember that letter from ALL the former DEA administrators asking Obama to sue to overturn Proposition 19 as an affront to federal authority…well…it looks like that’s the “option”.
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4 Responses to “FEDS to Continue Enforcing Draconian Drugs Laws if CA Legalizes Weed”
Logical Steps
This threat is not entirely toothless, and there will no doubt be further *victims of the federal government*.
However, There are already 14 states with fully functioning and legally endorsed Medical Marijuana Programs. Each of those *also* directly counters the Federal Controlled Substances Act. MMJ Functions with some difficulties from the feds, but it’s growing quickly and responsibly.
$20 bucks says Detroit copies Oaksterdam within 2 years. WA. and OR already have legislation under debate for full legalization, in preparation of prop 19’s passage and the inevitable referendum in their own states if they don’t enact a law themselves first.
game over. They lost about 4 weeks ago.
greggo
The whole idea ( I think) behind the Feds saying they will prosecute is to spread fear that the vote doesn’t count. On the one hand, we should all expect the inevitable if Prop 19 passes: It wont be a law right away. But like Lexington and Concord, we as voters need to fire the first shot heard round the world!
Mia
Great points… I agree, as with Gay Marriage, I see this as a battle for patient rights which will eventually be fought in the courts… in the meantime I’m looking into free classes, programs, and opportunities for activism in San Jose… So far I found this Free class with Jeff S. of LEAP, Law Enforcement Against Prohibition… he’s presenting CAR STOPS, a special seminar on what to do if you get stopped by the police.
“Included will be an interactive and informative step by step enactment. Get the facts on what the police are looking for, and get all your questions answered about the law, and your rights as a medical cannabis patient.
Plus, Matt W. will discuss the upcoming election and the choices on the ballot box that can affect patient’s rights.
To be held at elemental wellness. 711 Charcot Ave. San Jose, CA 95131 FREE.”
(as taken from their facebook page) http://www.facebook.com/event.php?eid=156676964368389&ref=share#!/ElementalWellness
Has anyone else heard of anything in the Bay Area like this? I’m relatively new but I’d like to get involved and learn about my rights!
Cornell Dumar
You certainly deserve a round of applause for your post and more specifically, your blog in general. Very high quality material.