Stupid - "Administration Weighs Legal Action Against States That Legalized Marijuana Use"

[grahamhgreen]

"Even as marijuana legalization supporters are celebrating their victories in the two states, the Obama administration has been holding high-level meetings since the election to debate the response of federal law enforcement agencies to the decriminalization efforts.

Marijuana use in both states continues to be illegal under the federal Controlled Substances Act. One option is to sue the states on the grounds that any effort to regulate marijuana is pre-empted by federal law. Should the Justice Department prevail, it would raise the possibility of striking down the entire initiatives on the theory that voters would not have approved legalizing the drug without tight regulations and licensing similar to controls on hard alcohol.

Some law enforcement officials, alarmed at the prospect that marijuana users in both states could get used to flouting federal law openly, are said to be pushing for a stern response. But such a response would raise political complications for President Obama because marijuana legalization is popular among liberal Democrats who just turned out to re-elect him.

“It’s a sticky wicket for Obama,” said Bruce Buchanan, a political science professor at the University of Texas at Austin, saying any aggressive move on such a high-profile question would be seen as “a slap in the face to his base right after they’ve just handed him a chance to realize his presidential dreams.”

http://www.nytimes.com/2012/12/07/us/marijuana-initiatives-in-2-states-set-federal-officials-scrambling.html?_r=0 - NYT

Let's face it, Cannabis advocates are some of the most tenacious, ambitious, and successful political advocates in our party.

It's not possible for the administration to be so stupid as to deliver millions of liberal Dem votes into the hands of Libertarian wing of the Republican party, is it?

[former-republican]

1. Is anyone surprised by this

It was a feel good law that was passed.

No state can have something legal when the Feds say it's illegal.

The closest a state can come is to decriminalize it.

You need congress to change the law.

[RomneyLies]

8. Not so, the change to Prohibition started in the states.

Yes, some states kept prohibition in place even after Prohibition was repealed, but Prohibition was ended because of disregard for it at the state level.

And yes, the Treasury department did fight back against the states, but they inevitably lost that battle.

[former-republican]

13. The resources the Feds have now are vastly more powerful

I think the only way this will ever change is a total reboot of old blood in the congress and senate.
Some of those people have been there way too long.... and that's republicans and democrats

Out with the old ways of thinking.

[bluestate10]

29. I agree. If Obama goes through with fighting Colorado and Washington, that will be

a turning point for me. Leaving states alone that legalize weed will be a litmus test for me to support a politician. I won't contribute money or time to the democratic party unless it has in it's platform that states can legalize via popular vote if that is what the majority of state citizens want.

[StrictlyRockers]

34. Me, too!

You want my vote? Get on board the train.

You may not want to get run over by it. This train will not slow down.

Count on THAT!!

If you expect the forces of regression and oppression to win this battle, then you have not been paying attention for the past 16 years!

[DefenseLawyer]

10. The Feds don't have to enforce it.

It's a federal crime to possess a single joint. Other than for possession of a joint in a National Park (which they actual do sometimes prosecute in Federal Courts) guess how many federal cases are brought each year for violating that federal crime? Zero. They defy Congress every day by refusing to bring federal charges in marijuana possession cases. This talking point that "we have no choice" is utter nonsense. The President could fire all the drug warriors in the Justice Department tomorrow and they could just go do something else.

[former-republican]

16. I agree that would be entirely up to President Obama

Do you think he would do that?

Sadly I don't see President Obama doing that.

[grahamhgreen]

23. For God's sake, the Admin failed to prosecute torture, Bush crimes and Banksters.

There is no excuse, they will be damaging the party if they prosecute the states.

Remember "look forward not backward"????

[wildbilln864]

33. good point, thanks!

[Comrade Grumpy]

19. Wrong.

No state can be forced to criminalize marijuana. The federal government can still enforce the Controlled Substances Act, but it can't make the states do it.

The feds may attempt to block Colorado and Washington from implementing regulations to tax and regulate marijuana commerce, and they may even succeed, but they can't make Colorado and Washington recriminalize marijuana.

We could end up with a situation where pot possession (and cultivation in Colorado) is legal, but the state can't set up a regulated market. But pot is still legal.

The feds can go suck on it. Or they can try to enforce state marijuana laws themselves, but they don't have enough DEA agents to do that.

Congress is lagging behind. We need more states to legalize, then Congress may start to come around.

[former-republican]

21. Where did I say that any where in my post?

"but they can't make Colorado and Washington re criminalize marijuana"



It will be like my state, it's like a traffic ticket or the police can choose under their discretion to do nothing if
found with an amount obviously not for distribution or sale.



And I agree 100% "Some" not all congress members are living in the past on many things.

I think it's going to take some time to get all fresh faces in congress.
It will happen one day though.

It's funny because even many law enforcement officers agree with the legalization of pot.

[socialist_n_TN]

31. Actually I don't think it would be like that. If it's legal......

under STATE law, then the "traffic ticket" type of punishment wouldn't apply. If the state authorities won't arrest or prosecute (because they can't arrest or prosecute), then the only arresting or prosecuting would be done by federal authorities. In that case, whatever federal laws were broken and punishments for them would apply. Of course, then you could ask for a jury trial in the federal case and hope for a nullification.

Actually nullification would be the best way to handle it. I think that I would hang a jury that I was on involving marijuana.

[bluestate10]

30. Obama can leash the DEA and have them just focus on state borders and work with states that

have legalized to insure those states have robust control over drug sales and that those drugs don't get transferred across state borders.

[socialindependocrat]

2. I would think that they could all get together and discuss this ....

Seriously, here is something that is coming of age.

Why don't the DAs and the feds get together and figure out how to move foreward without
involving citizens of the U.S. in a whole bunch of shit and comotion!

Does everything have to be so difficult?

[mick063]

3. There are many single issue voters out there.

Abortion, Guns, etc.

Marijuana is soon to be an equally powerful force in politics.

The Democrats need ownership of legalization or the 1% will take ownership and gain a new group of voters.

The 1% could give a crap about guns or creationism except that it provides votes to further their fiscal agenda. Don't discount for a moment that they will use marijuana in the same way.

[grahamhgreen]

4. Exactly. And this group of voters is highly motivated, dedicated, and effective advocates

for their cause.

To alienate this entire block of voters is a huge strategic mistake that could easily cost Dem's a number of elections in the future.

These are not your average voters - they have extremely effective political machines in every state.

The notion that pot smokers are unmotivated and goofy is a media stereotype that has no basis in fact. Clinton, Bush, and Obama ALL SMOKED WEED!!!!

You make a great point - the elite will have no trouble usurping this voting block if it appears the Dems are against it.

[AnotherMcIntosh]

7. Those were not the only presidents to do so . Check out George Washington, et al.

http://en.wikipedia.org/wiki/List_of_United_States_politicians_who_admit_to_cannabis_use

[RomneyLies]

9. That and the 1% can make money from it.

You know damned well and good Monsanto would LOVE to insert a gene and patent pot.

[green for victory]

14. cannabinoid use has already been patented -by the feds-really

United States Patent 6,630,507
Cannabinoids as antioxidants and neuroprotectants

Cannabinoids have been found to have antioxidant properties, unrelated to NMDA receptor antagonism. This new found property makes cannabinoids useful in the treatment and prophylaxis of wide variety of oxidation associated diseases, such as ischemic, age-related, inflammatory and autoimmune diseases. The cannabinoids are found to have particular application as neuroprotectants, for example in limiting neurological damage following ischemic insults, such as stroke and trauma, or in the treatment of neurodegenerative diseases, such as Alzheimer's disease, Parkinson's disease and HIV dementia....

http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Sect2=HITOFF&d=PALL&p=1&u=%2Fnetahtml%2FPTO%2Fsrchnum.htm&r=1&f=G&l=50&s1=6630507.PN.&OS=PN/6630507&RS=PN/6630507

shouldn't the patent belong to the people?

[AnotherMcIntosh]

5. Stupid? I don't agree. We've been told that Obama is very smart. And he is.

[nadinbrzezinski]

6. Exactly where is the surprise here?

Now if the court reschedules it...that will change.

[grahamhgreen]

11. The surprise is that a move against decrim could cost us multiple elections,

inflaming one of the most highly motivated and organized elements of the Dem base.

[nadinbrzezinski]

12. Alas that is not. The calculus.

The police/prison industry gives a lot of money to keep it this way. Add pharma.

Once (i hope) the DC court of appeals reschedules to schedule two, the environment will completely change. I have been covering the Feds versus medical marihuana for over a year, if they did not go there I. Would have been shocked

[grahamhgreen]

24. Those voting blocks will not win them elections.

[nadinbrzezinski]

25. You are thinking that way, they are not

They still think the war on drugs is worth pursuing. And thousands (on both sides) have made millions at a personal level. They are not thinking electoral politics the way you are either, but law and order.

I mean, the way local DEA speaks every time we have a bust, the moment it's rescheduled they will have a crisis, a career crisis. Anybody smoking or growing is a violent criminal (and some of the growers are). This s what you are dealing with. Congress will not go there either, law and order and all that.

I am not saying I agree, just trying to explain the dynamic.

(In fact, I said this war was a complete failure back in the early 1990s)

[bluestate10]

28. That is one reason why I can't believe that the White House is that fucking blind.

I doubt that there are many people in the White House, including the President that didn't experiment with weed and even some harder drugs. If they had got caught by cops, their lives would have been ruined, FOR ONE FUCKING YOUTHFUL MISTAKE. The President needs to wake up and put this idea down and get rid of the people proposing it. The country doesn't want kid's futures ruined because they tried weed and got caught. If the White House insists on this, they are going to create a massive problem for democrats because one of the cornerstone reasons why we are democrats, we believe in redemption and most of all, not penalizing people for acts that injure no one.

[Comrade Grumpy]

20. Rescheduling doesn't change anything when it comes to legalization.

In fact, I would argue that it should be descheduled, treated like an herbal supplement or something.

Rescheduling weed still makes it a controlled substance under the CSA. That may or may not help patients, but it traps the rest of us in a medical ghetto.

[nadinbrzezinski]

22. Nothing will change until something major happens

and rescheduling will, imho, start the road to the end of the bullshit.

Hell, I want hemp grown for it's excellent textile characteristics, and at one time, irony of ironies, Hemp was seen as a strategic crop.

Before you say it, they are related, I know, But because they are related they are treated the same stupid is, stupid does way.

but having spoken to several lawyers for ASA, they all think that rescheduling will be the moment we start rethinking the whole policy.

[Ya Basta]

15. Don't be stupid Obama and go against the will of the people

Besides, the whole notion of the controlled substance act being supported by the constitution is full of shit. The interstate commerce clause doesn't give jurisdiction to intrastate commerce. The constitution isn't written in any way other than "interstate commerce". Its not written as commerce, all commerce or any commerce which affects interstate commerce. It ONLY specifically says "interstate commerce". Period!

So don't be stupid Obama and go off supporting big pharma and private for profit prisons on this issue because inevitably you will jeopardize Democrats coming up behind you from losing elections because of this issue. Because IMO this issue isn't going away. On the contrary its becoming as big an issue as abortion and LGBT is.

I for one pledge not to vote for any politician (regardless who they are) who not only goes against the will of the people, but against any politician who disrespects the human right of autonomy over one's own body and mind. HOW FUCKING DARE ANYONE VIOLATE A MOST BASIC HUMAN RIGHT! To do so is an act of a Nazi and thus that person becomes politically invisible to me.





Jello Biafra La Rana says:

[green for victory]

18. The ACA was originally justified under the commerce clause

until it was changed by magic pixie dust into a tax/notatax

[PufPuf23]

17. POTUS Obama slapped many of us in the face during his first term.

I expect no less the 2nd term.

Holder
Duncan
Vilsack
Salazar
Geithner
etc

[bluestate10]

26. No, it is not stupid. It is fucking stupid.

I can't think of a more boneheaded idea that for the White House to get involved in attempting to reverse the decision of voters in Colorado and Washington. That approach is damned wrong, the Administration should instead be working with states that have approved pot use and sale that those states take steps to keep the stuff within their borders. Arresting people fr weed in states that have approved weed is an incredibly fucking stupid action if that step is taken.

[grahamhgreen]

36. It is absoulutely anti-democratic. The people have spoken, now he should support democracy; or

is all that talk about spreading democracy in the middle east just being used as an excuse to sell war?

Let's hope he comes down on the peoples side on this one.

[fascisthunter]

27. dumb dumb move... a sellout move, in fact

[woo me with science]

32. Every day there is a new one. Every day.

Imagine a day when the news from the White House isn't another betrayal or corporate gift.

Isn't it outrageous, that this is what we have become accustomed to.

[Nevernose]

35. "Reefer Sadness"

As Rolling Stone recently called it.

[Aerows]

37. There are SO many other

things to worry about besides going after pot smokers in states that have legalized marijuana. The people in those states have expressed their will, and the federal government should stay out of it. It's a waste of money to pursue this. If I thought this would positively affect our nation even one iota, I might feel differently about it, but frankly, the war on marijuana has done real harm to thousands of lives.

[CrispyQ]

38. Anyone with signatures turned on knows how I feel.