[Home]  [Headlines]  [Latest Articles]  [Latest Comments]  [Post]  [Mail]  [Sign-in]  [Setup]  [Help]  [Register] 

Estimated 5,000 to 7,000 service members to march in Trump's military parade: Source

Getting conservatives and Libertarians to agree on tariffs

34,704.92 33,685.03 10,300.00

1 House Republican's chilling warning on Trump and Russia

REVISITED: 'I'm a queen and I demand to be treated like a queen!' How Congresswoman involved in race row on plane was chauffeured a block to Congress and was nearly banished from an airline before

The problems with libertarianism. : philosophy

JUDGE JEANINE: Whoopi Goldberg Started Cursing at Me! She Said F-You! F-You! Get the F-ck Out of This Building! (VIDEO)

The Vegas Massacre Exposé: What Really Happened?

Trump under siege from the PNAC crowd for seeking peace with Russia

JOINT NFL-NFLPA STATEMENT - Anthem Policy Standstill Agreement

Reagan on Libertarians & Conservatives VS "Liberal Fascists"

CONTROVERSIAL JEWISH NATION-STATE BILL PASSES INTO LAW

Men Have Forgotten God

Trump: I'll be Vladimir Putin's 'worst enemy' if US-Russia relationship 'doesn't work out'

The great dollar dump: Russia liquidates US Treasury holdings

Humanity Crucified on a Cross of Iron - Eisenhower

President of the United States to Entire World: "THE REAL ENEMY, THE FAKE NEWS MEDIA" (July 19 Tweet)

Planning and Conservation League v. Padilla (Draper) Division SF (18 Jul 2018); CalExit Prop 9 Off Ballot

State of New York v. Mnuchin, SDNY 18-cv-6427 (17 Jul 2018)

The Eruption of the Shills

Legalizing Pot Sales Means...Higher Home Values?

If You Value The Reputation Of Your Restaurant, Maybe You Should Stop Serving Cops

Trump,Putin,and politics

Non-citizens legally register to vote in San Francisco school elections

Why Libertarianism is wrong

Nunes declares war on the media

First Win for Trump-Putin Summit: Agreement to Restrain Iran in Syria

Update: Mueller Suspected of Giving Podesta Brothers Immunity to Indict Manafort and Is HIDING THIS FROM PUBLIC

Crowdstrike Analyst Who Ran Forensics on DNC Server Used to Work For Mueller at FBI

Bill Maher vs. an intelligent Christian (Maher loses). *mirror*

Ladies Professional Golf Association using facial recognition technology to surveil fans and spectators

The world’s most nutritious foods

Papa John's founder 'isn't going quietly,' lawyer says — Schnatter just dragged Kanye West into fight with the board

New Kentucky Law Puts Limits on Drone Spying, Will Help Thwart Federal Surveillance Program

What To Learn From The Social Justice Warrior Who Was Eaten By His Own Mob

Is the Media the “Enemy of the People”?

Well, I think I am going to have to schedule a surgery

War...

Las Vegas Police Body Cam: Cop Fires Through Windshield

3 Problems With Libertarianism - After Economics

Brazile, Rice, Obama Gave Russian Hackers Free Rein

The irrational hysteria over Trump and Putin

John Brennan Misses Communist Russia

The Latest: Trump says he misspoke on Russia meddling

Cop Charged After Video Shows Him Execute Unarmed Mother by Shooting Her in the Head

Cop Encounters Tortoise Going Too Slow on Highway, Overcomes His Fear and Doesn't Shoot.

Keeping Cops’ Hands Out of Your Pockets

Trump-Putin Summit Success: Neocons Furious!

Mandalay Bay's owner MGM has sued the Las Vegas mass shooting victims, claiming it's not liable for the massacre

Eric July On Why The Only Rights Are ‘Negative Rights’


Status: Not Logged In; Sign In

U.S. Constitution
See other U.S. Constitution Articles

Title: Federalists Can’t Support a Cannabis Crackdown
Source: Reason
URL Source: https://reason.com/archives/2018/01 ... s-cant-support-a-cannabis-crac
Published: Jan 10, 2018
Author: Jacob Sullum
Post Date: 2018-01-11 08:13:42 by Deckard
Keywords: None
Views: 64

That includes the president, who said marijuana legalization "should be up to the states."

Before last Thursday, state-licensed marijuana merchants operated in a highly uncertain legal environment, subject to the whims of federal prosecutors who could at any moment decide to shut them down, take their property, and send them to prison. Now that Attorney General Jeff Sessions has clarified the Justice Department's policy regarding the cannabis industry, state-licensed marijuana merchants operate in a highly uncertain legal environment, subject to the whims of federal prosecutors who could at any moment decide to shut them down, take their property, and send them to prison.

Sessions calls this "a return to the rule of law." The description is dubious, not only because the situation for state-legal marijuana growers and distributors is fundamentally unchanged but also because the cannabis crackdown threatened by Sessions offends a basic principle of constitutional law: The federal government may not exercise powers it was never granted.

U.S. attorneys prosecute a minuscule percentage of marijuana violations, and they have very broad discretion to decide which ones are worth their time. Sessions rescinded Justice Department guidelines that said a violator's compliance with state law was one factor prosecutors should consider.

The reasoning, as explained in a 2013 memo from James Cole, then the deputy attorney general, was that state-regulated marijuana businesses are less likely to impinge on "federal enforcement priorities" such as stopping interstate smuggling and sales to minors. Cole did not tell U.S. attorneys to leave state-legal cannabusinesses alone, but since 2013 they generally have.

It's not clear whether Sessions' memo will change that. Sessions called the marijuana-specific guidelines "unnecessary" and said prosecutors should be guided by "the Department's well-established general principles." Last week the interim U.S. attorneys in Colorado and the Southern District of California, both Sessions appointees, said they would continue as before.

But given Sessions' well-known opposition to marijuana legalization, his memo was widely seen as portending more aggressive enforcement of the federal ban. That prospect provoked bipartisan criticism from state officials and members of Congress, uniting Democrats who support drug policy reform with Republicans who support federalism.

Sessions' boss counts himself in the latter group, and he has repeatedly applied the principle of state autonomy to marijuana. In July 2016, for instance, a TV reporter in Colorado Springs asked Donald Trump what he thought about using federal power to shut down the state-authorized cannabis industry in states such as Colorado.

"I wouldn't do that, no," Trump replied. "I'm a states person. I think it should be up to the states, absolutely."

That position is broadly popular. Last summer a Quinnipiac University poll found that 75 percent of Americans, including 59 percent of Republicans, opposed "enforcing federal laws against marijuana" in the 29 states that "have already legalized medical or recreational marijuana."

Refraining from such interference also happens to be what the Constitution requires. Under the 10th Amendment, "the powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people."

Unlike alcohol prohibition, the national marijuana ban was never authorized by a constitutional amendment. Its purported legitimacy instead relies on reading the power to regulate interstate commerce so broadly that it accommodates nearly anything Congress wants to do.

In 2005 the Supreme Court said the Commerce Clause covers every last speck of cannabis in the country, even if it never crosses state lines, down to the plant in a cancer patient's closet or the bag of buds in her nightstand. "If Congress can regulate this under the Commerce Clause," noted dissenting Justice Clarence Thomas, "then it can regulate virtually anything—and the Federal Government is no longer one of limited and enumerated powers."

Republican critics of Sessions' marijuana memo echo Thomas's concerns about an overreaching federal government. If they join forces with legalization-friendly Democrats, they can pass a bill that protects cannabusinesses from DOJ harassment and challenges the president to act on his avowed support for the 10th Amendment.

Post Comment   Private Reply   Ignore Thread  


[Home]  [Headlines]  [Latest Articles]  [Latest Comments]  [Post]  [Mail]  [Sign-in]  [Setup]  [Help]  [Register] 

Please report web page problems, questions and comments to webmaster@libertysflame.com