Is legal marijuana still legal?
So, I live in Michigan, one of the states where it is legal to grow and distribute marijuana for medical purposes provided you have a permit from the state. Rumor has it, though, that even though it is legal to do so by state law, the federal government can just take a list of the licensed individuals, raid all of their houses, and charge them for possession and distribution of an illegal drug since it is illegal to grow or distribute marijuana by federal law.
Now, this is partially based off a lawsuit from around a decade ago in California, where they allowed pharmacies to distribute some marijuana and the Feds rushed in and started charging them for selling illegal drugs. The individual who I was talking to hadn’t heard anything about the case since then and assumed it was still going on. This seems kind of fishy to me, since it would mean the people who were trying to stop the proposal from being passed didn’t mention this amusing loophole that had so much anti-marijuana potential.
Yes, it is still legal under State Law. However, I’m wondering if the Federal Government can swoop in and make arrests based off the claim that it is illegal under Federal Law, regardless of State Law.
medical marijuana is still legal under state law in 14 states. you might remember that alcohol was once illegal in this country. the main reason they rejected the ban on alcohol is that it became unenforcable. democracy in action. it’s basically the only way to turn the law around.
Marijuana was NEVER legalized at the Federal level. It isn’t LEGAL in Michigan or anywhere else in the U.S. The State has DECRIMINALIZED it, I wish people would learn what that means. It means that the STATE won’t charge you, they can’t legalize it since they have no power over the Federal level and the Federal level is above the State. Right now though the Obama administration has CLAIMED that the D.E.A. won’t interfere with medical marijuana and won’t go after places where it is decriminalized. However if he changes his mind OR if a new President is elected in 2012 then things can change again.
As medical marijuana is legal in 14 different states it is still illegal as far as the federal government is concerned. As the federal laws supersede those of a state they can raid and arrest those who continue to break the law. The DEA has subpoenaed the state records of those who grow and are issued a state license to use it. they have then raided and arrested several individuals in almost all states.
This is a waste of taxpayer monies as the individuals are then put on trial for the federal crime but they are tried in their own communities and as it is a state law that it is legal in most cases the jury almost always acquits them. The DEA, and federal prosecutor count on threatening the individuals arrested with lengthy prison time if convicted to get them to agree to a plea deal so that they can justify their existence and use of tax payer money by having a high conviction rate. However there are more and more attorneys who are assisting those who are arrested as most believe they are doing something legal and by all accounts they are. The majority of them have never been in trouble with the law and fall victim to the intimidation of the federal governments tactics.
One must remember that you are only guilty when it is proven in a court of law and a jury of your peers will find it hard to convict when there is a state law that says its legal. the federal government is in direct violation of the 10th amendment to the constitution “ 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. ” By trying to uphold this federal law.
Medical marijuana has been legal in Michigan since Dec. 4, 2008. The federal government does not allow the use of medical marijuana so technically it can raid people and prosecute them in federal court.in October 2009, Attorney General Eric Holder said that the Department of Justice will not use federal resources to prosecute marijuana patients in the states where it is legal. This is a big step forward.