By using this site, you agree to our Privacy Policy and our Terms of Use. Close

I don't think he is for legalization exactly. What I think Pat Robertson is for is drastic decriminalization of pot. Let me give you an example,

On October 1, 2010, Governor Schwarzenegger of California signed a bill massively decriminalizing pot possession from a misdemeanor to a $100 civil infraction. Basically, pot possession in California is equivalent to a speeding ticket.

Source: http://www.disinfo.com/2010/10/schwarzenegger-decriminalizes-pot-in-california/

The crux behind this was Prop 19 for the 2010 elections. Prop 19 would have legalized marijuana in California much the same way Prop 215 implemented medical marijuana in California. The enforcement of Prop 19 would have been left up to individual counties and cities.

Here in NorCal where I live, there are a few counties (Butte and others) who have district attorneys (DA) who are very conservative and argue against any dispensary, indoor grows, and outdoor grows in their county citing Federal law as trumping State law.

Anyone who has studied the US Civil War knows the reason behind the Civil War was a long political battle over whether State law could trump Federal law enflamed by the issue of slavery in the territories. During the War of 1812, Massachusetts, Connecticut and Rhode Island threatened to secede from the United States with the Hartford Convention. In the antebellum era, South Carolina's most famous US Senator, John C. Calhoun, was the biggest proponent for secession and nulllification of Federal law if a State law was passed to nullify Federal law.

Well, the Confederacy lost the US Civil War thus ending the bloodshed over whether Federal law trumps State law. It does unquestioningly.

Legalization of marijuana in California via Prop 19 would have been a disaster. Los Angeles has corporations who rent out air port hangars and industrial buildings for massive corporate pot grows. San Francisco/Oakland is unionizing medical marijuana grows. The rest of the State of California is county by county. Up here in NorCal it is the Wild West where the law is grey, the State says it is legal, and police authorities are hesitant to investigate medical marijuana crimes against medical marijuana growers and dispensaries because of the conflict over Federal law, namely marijuana classified as a Scheduled I Controlled Substance.

If Prop 19 passed the US Supreme Court would have shut it down citing the primacy of Federal law over State law and the Interstate Commerce Clause in the US Constitution. The text of Prop 19 had no enforcement provision to prevent a corporate grow in Los Angeles from selling out of state, thus violating the Interstate Commerce Clause and inviting the US Supreme Court to nullify Prop 19.

We are a ways off from full legalization of marijuana. The best we can do is decriminalize down to a civil infraction like a parking or speeding ticket and allow for medical marijuana.