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chocoloco on 26 December 2010
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Killiana1a said:
chocoloco said:
Killiana1a said:

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.


I do not know if the Supreme Court has the right to knock down a law like prop 19 that could have been voted yes by the people I may be wrong. What I do know is that the prohibition of alcohol was overturned by the federal government only after about 15 states relegalzed alcohol. As far as I know we are called the United States because our forefathers wanted to keep to much power from the federal goverment and set many forms of checks and balances to that government. One of them was to give a lot of power to legislate to each individual state. Has the government stopped Denver from all out legalization of marijuan, No. By states legalizing marijuana one at a time people are working for real reform and telling the government the will of the people will matter more than the government not realising they made a mistake by making it illegal for so long.

The medical marijuana industry in Colorado does not rival the $14 billion plus medical marijuana industry in California. California was the first to pass medical marijuana, others followed, and the medical marijuana industry is at a point in some parts of California (SF Bay Area and LA) where some could easily file the paperwork and become big corporations if marijuana was legalized.

The US Constitution clearly states in Article I, Section 3, Clause 8:

[The Congress shall have Power] To regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes;

Denver by legalizing marijuana is playing a dangerous game which could overturn and illegalize the whole medical marijuana industry in Colorado and the entire United States. All it would take is 2 to 3 cases of FBI and DEA agents tracking marijuana shipments in Colorado, and if those shipments cross state lines out of Colorado, then it is a clear violation of the Interstate Commerce Clause allowing for the US Supreme Court to take up the issue of whether medical marijuana should be legal or not because cases involving medical marijuana shipped out of state for material gain, not medical use have been investigated and criminally prosecuted.

Same would apply to California and any state with medical marijuana.

This is just the legal argument. My personal preference is for drastic decriminalization and medical marijuan in all 50 states with dispensaries.

Well it seems you don't seek the same ends as me that is fine, but even by calling something a crime you are still stigmatizing a people that do nothing worse than any man who drinks a bottle of scotch. I am not one who believes that this kind of stigmitization is right. I believe the stimitization against all drugs (including alcohol) should be based on scientific and stastical warrents and not on whether or not a government has labled it as criminal act.

Still Denver has been legal for 3-4 years I don't care to check and yet the federal government has done nothing to overturn the will of a city.  Despite all your talk of California having a bigger industry means nothing. Even so Colorado has the second biggest industry and MMj has been legal for over 10 years.