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View Diary: Missouri tries to nullify federal health care and gun laws (93 comments)

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  •  It's not nullification of federal laws (2+ / 0-)

    Prior to those referenda passing, you could be charged with a state crime and/or a federal crime for growing or possessing marijuana. After the referenda passed, now you can only be charged with a Federal crime. No nullification, they simply changed a state law.

    •  I would agree with you if... (0+ / 0-)

      they simply decriminalized it. But the went beyond that. They started establishing growing rules, and sales rules. These things are clearly in conflict with federal law. It isn't just a lack of state law, state laws in direct conflict with federal law as a part of the legislation.

      Now we got a few whack states wanting to do the same thing with other federal laws. If a future administration is a nasty shade of red they could decide that Missouri is fine so long as they keep it in state while Washington and Colorado need to be hauled before federal court to force them not to have their own taxes and regulations on Marijuana that are in conflict with federal law.

      A conservative is a man with two perfectly good legs who, however, has never learned how to walk forward. Franklin D. Roosevelt

      by notrouble on Fri Aug 30, 2013 at 10:35:58 PM PDT

      [ Parent ]

      •  Uh, no. (1+ / 0-)
        Recommended by:
        metal prophet

        No state has ever asserted some sort of affirmative right of people to grow marijuana in violation of Federal law.

        States simply failed to continue to have laws against growing and possessing it in certain ways. The fact they don't outlaw specific things WRT marijuana is exactly the same situation that they don't outlaw treason against the US, or commercial copyright violation...those are Federal laws.

        There is absolutely nothing in CO or WA state law that could possibly imply some sort of right to possess marijuana under Federal law, or interfere with enforcement of Federal law.

        States are not required to outlaw things simply because the Federal government does.

        Now, as marijuana enforcement was almost entirely done at the local level, leaving the only laws against it Federal this has the de facto result of making marijuana legal, but that's nothing near the same thing as nullifying the Federal law. The law still exists...it's just good luck enforcing it without any local help.

        Meanwhile, Missouri has passed a law forbidding people from enforcing a Federal law. Even Federal law enforcement. That's an entirely different thing. That is what nullifying a law is.

        •  You're saying... (0+ / 0-)
          There is absolutely nothing in CO or WA state law that could possibly imply some sort of right to possess marijuana under Federal law, or interfere with enforcement of Federal law.
          that establishing rules for growing operations and collecting taxes on marijuana doesn't imply some sort of state established "right to possess"? If WA and CO simply erased marijuana laws off their books that would not contravene federal law. We have chosen to go well beyond that.

          I bet most states don't have extensive copyright protection laws. That doesn't nullify federal law on the subject. But if one state decides that you can copy movies and give those copies to your friends if you pay the state a $1 tax would you recognize that as a state effort to nullify federal law?

          I'm no fan of the current was on drugs. But I acknowledge that we are attempting to nullify the federal prohibition on the possession, use, and sale with our legalization efforts. A simple change of administrations for the worse and these efforts could be crushed.

          A conservative is a man with two perfectly good legs who, however, has never learned how to walk forward. Franklin D. Roosevelt

          by notrouble on Sun Sep 01, 2013 at 09:17:16 AM PDT

          [ Parent ]

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