Posted on 10/17/2010 8:27:40 PM PDT by bornred
Los Angeles County Sheriff Lee Baca said Friday his deputies’ marijuana enforcement would not change even if Proposition 19, which would legalize the drug in California, passes Nov. 2.
“Proposition 19 is not going to pass, even if it passes,” Baca said in a news conference Friday at sheriff's headquarters in Monterey Park.
Baca, whose department polices three-fourths of the county, was bolstered Friday by an announcement from the Obama administration that federal officials would continue to “vigorously enforce” marijuana laws in California, even if state voters pass the measure.
Baca said the proposition was superseded by federal law and if passed, would be found unconstitutional.
(Excerpt) Read more at latimesblogs.latimes.com ...
Prop 19 is potentially even more interesting, because it permits cultivation of small amounts (25 square feet) in your own garden.
The Raich case dealt with co-ops, but if you’re growing your own, it’s a lot harder to make the case that it involves any sort of commerce (much less interstate commerce).
So, it's okay to enforce SOME federal laws locally, but not others?
What is a 9 letter word for "Liberal"?
Hypocrite
The prop lays the legality of it out nice and neat. You might want to get a copy of it and read it. Not legal for kids or even legal to smoke it in front of a minor. Many of the same rules governing alcohol consumption.
Well shoot. If Gonzales v. Raich is overturned, wishful thinking on your part, then I’m just going to convert my semi-auto rifles into machineguns because Raich is the basis that SCOTUS used to overturn U.S. v. Stewart which originated in my state.
If the CA liberal potheads can defy Federal law and win in the US Supreme Court, they’re going to have to get used to the homegrown select fire weapons I’ll be manufacturing. Maybe I’ll even be a nice guy and send the US Treasury a check for $200 for every one that I convert.
Until then, I will be following Federal NFA law. I don’t need to be waiting in prison for the pothead cavalry to come to my legal rescue.
It most certainly IS interstate commerce, because you are using home grown to replace what would have otherwise been purchased, thus adversely affecting interstate dealers' sales.
Hey, that argument worked in front of the SCOTUS for home grown wheat used exclusively for personal use, in "violation" of Ag Dept Marketing Orders. Look up Wickard vs. Filburn, 317 U.S. 111 (decided in 1942) and weep.
For an update, look up Blattner.
Translation: Legalization means the end of my rake-off and I’m not gonna allow that to happen!
does the L.A. sheriff enforce federal law re: illegals ?
Of course there's no guarantee that any of this will fly, but it would be good to have the libs fighting commerce clause overreach for once. And getting high is way too near and dear to their hearts for them to just drop the matter - this one is personal.
Can you remind me where in the Constitution is the authority to prohibit MJ in the first place? I can find the prohibition of alcohol, but not MJ. Oh, wait, the prohibition of alcohol was repealed ... but still there's no prohibition of MJ.
Re Wickard vs. Filburn........
Different from prop 19 in that the “personal use” amount produced, exceeded the total allowed amount.
Trust me. If this law is passed there will still be plenty of drug cases to prosecute. Cartels will still grow weed in the national forests. People will push the legal limits of cultivation. The growers in the north part of the state will still be looking for profit margins supported by exportation out of state. Look at B.C. Dope possession is pretty much legal there, but still there is a huge criminal network devoted to smuggling bud to the U.S. If dope is ever legalized across the board in the U.S. then those same criminals will fight over the coke and ecstasy trade.
I don’t think anyone except for the SCOTUS is qualified to say what the original intent of the Commerce Clause means. It’s just one line in the Constitution that elected representatives have run with for generations like a steelhead trout running off with the baited hook while the fisherman holding the pole is fast asleep on the shore.
So don’t ask me. I don’t make those decisions.
Dumb question I guess, but how can a county official enforce Federal law? I guess they can arrest them for violating it, but what can they do after that?
So don’t LAPD officers enforce state laws, or county ordinances? Don’t state police enforce Federal laws? If a state Trooper sees someone violating a federal terrorism law, does he have to let that person go. No, and if you guys want to smoke big giant marijuana cigarettes, you’ll either have to change the federal law or convince a federal judge that the law isn’t constitutional. Stop f@#$ing around with medical pot and state laws, those are lame excuses.
Here’s a discussion I found:
http://boards.straightdope.com/sdmb/showthread.php?t=561774
I would assume that arrest and confiscation may be troublesome enough to discourage above-board business activity, even if the Feds don’t prosecute. Cities have generally been successful in driving away legal Prop 215 dispensaries, when they’ve tried.
From what I understand about 19 is that the cities/counties will be able to decide whether they want the actual places of sale or not. Maybe he could go against that further will of the people, and maybe I’m just naive (and god knows it’s probably the case) but it would stun me if LA voters voted for Prop 19 and voted to allow the stores and he shut them down in the name of Federal law.
From what I gather about the towns who don’t want the medical dispensaries is that, well, it’s as simple as them not wanting them and it’s probably easier for the local authorities to get rid of them if the town/city passes a stature that says they don’t want them there. At least that’s how it works in Colorado.
Is this a joke?
What about federal laws regarding illegal aliens? The county alone probably has 2 million illegals running through the streets...Upwards of 30 million nationally.
Ya got millions running around that have violated federal law and entered the country illegally during wartime, but you expect the cops take time to enforce federal law regarding pot?
“Is this a joke? “
I don’t see the question as a joke.
Obviously the sheriffs are already picking what laws they enforce and what laws they don’t.
In San Francisco, people walk around nude and having public sex on certain parade days. The cops do nothing. Because they are told to do nothing, I guess by the mayor? And it’s a violation of state and federal law.
So I guess if they get to cherry pick some categories they get to cherry pick others.
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