Why hasn’t California law allowing medical marijuana dispenseries been declared unconstitutional?
For violating the Supremecy Clause of the Constitution. Has this issue been adjudicated? What was the holding?
For violating the Supremecy Clause of the Constitution. Has this issue been adjudicated? What was the holding?
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It doesn’t violate the constitution. It is simply preempted under the Supremacy Clause by federal legislation.
Because all the California law has done is made it no longer a state crime to dispense marijuana under certain situations. The supremacy clause does not require states to create state crimes the federal government demands. As a ridiculous example, there is nothing to stop a state from making theft legal as far as the state is concerned, even though it is illegal under federal law.
‘Cause they are all HIPPIES, Man!
Because as California released 16,000 prisoners early while simultaneously furloughing students and teachers (I call it the “Less Education/More Crime Initiative”) I think that parents are happy about seeing a new tax revenue generated (since we don’t make anything anymore) to go towards all of the massive funding cuts to schools.
I mean, unless of course you want to make them “unconstitutional”, get rid of them and put the money back into the hands of the black market and figure out a new way to get any kind of money into schools without the usual raising property taxes, jacking up college tuition or taking it out of our checks?
Am I the only one who sees the nauseating hypocrisy of making marijuana illegal while the Declaration of Independence is written on hemp? I could go on but this isn’t a soap-box and if people aren’t willing to educate themselves on the topic then f*** ’em. Ignorance is bliss.
All the good people out there smoked pot.
Manson, The Grateful Dead, the kid on ” Father Knows Best “.
Redux, Phenfen, and even Tylenol have been recalled.
Pot was never on the recall list .
I’d imagine nobody wants to go up against a dying cancer patient saying how much it helps them with chemo or something like that. The current administration isn’t looking to do it, and it could take awhile for a citizen or business, etc., to show how they themselves have been damaged from the dispensaries (which will happen, it’ll just take a bit).
I would expect action more likely if the state tries to full-blown legalize things, however. You can often make exceptions for medical purposes with various things, but full legalization is a lot less likely to fly.