States Rights! Eh...well except for "those" dirty states... - Page 2 - Forums at Modded Mustangs
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post #21 of 27 Old January 7th, 2018, 05:35 PM
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The law doesn't make things legal. It only makes things illegal assigning penalties. Everything is legal until the government passes a law saying it isn't. While it is common to say we want the government to legalize marijuana the actual process is to decriminalize it. For example, people use sugar every day. Our government has not passed a law saying that sugar is legal. It just hasn't passed a law forbidding its use.
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post #22 of 27 Old January 7th, 2018, 10:58 PM
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If you are a state rights advocate then here is the reason the federal government has Constitutional authority over marijuana. California marijuana is shipped across state borders.
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GreenWave estimates that nearly $11 billion worth of the state’s black-market cannabis is grown in Northern California, with a “significant” amount of that shipped to neighboring states. In comparison, the California wine industry is worth an estimated $114 billion nationally, although the two industries are hard to compare side-by-side because one is illegal.
https://www.usatoday.com/story/news/...oke/758721001/

US Constitution, Article I, Section 8, paragraph 3: Gives Congress the authority
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To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
US Constitution, Article III, Section 2, paragraph 1: Gives the Supreme Court the authority
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The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public Ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction;—to Controversies to which the United States shall be a Party;—to Controversies between two or more States;—between a State and Citizens of another State; —between Citizens of different States, —between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.
http://constitutionus.com/

I'm not a Constitutional lawyer but it it crosses state lines then it may fall within the authority of the federal government.

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post #23 of 27 Old January 9th, 2018, 05:08 PM
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No. Being from California with almost all of her relatives still living there she reads California news as if it were local news. And she get a lot of Facebook links to news articles. It was an article someone pointed out to her several months ago about where the medical marijuana growers were located and where some fires originated. I don't really follow California news. I don't know of any recent developments.

It makes sense that if someone is cutting into cartel profits that they might just retaliate. Please note: That is speculation. I don't know any cartel members.

Edit: I'm been busy so it took me a while to research this. It appears that early reports were that the cartel started the fire and a Latino was arrested for starting a fire but the two events were not related. Several days later Snopes issued a report saying the report that the cartel started the fire wasn't true. Disclaimer: I don't know any DEA agents and this report was not secretly given to me by the DEA.
Snopes actually has to tell people the Wine Country fires weren't started by 'Mexican drug cartels' - SFGate
Just an FYI but most of the cartel weed is low grade mexican brick weed. Most NorCal weed is of higher quality which is a different customer base so I'm not sure how burning down their fields would be of much use in regards to their profit margins. If anything the thing that is affecting low grade prices would be the top shelf market that is seeing a glut due to the improving efficiencies along with more growers coming online due to the new recreational position California now holds hence pushing down pricing across the board. Unfortunately for the cartels, for them to affect the plunging prices they would have to find all the clandestine indoor grows that typically pump out this type of product and destroy them which would be futile and costly.

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post #24 of 27 Old January 9th, 2018, 05:50 PM
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As of right now it is illegal to transport pot across state lines even if both those states have passed recreational use. This should in theory negate the governments claim to regulate under the commerce clause. If it all stays within the state. It is also a cash business so there are no funds or credit being issues across state lines either.

Just on a side note. I've been smoking pot for 40 years now. Never done heroin but have done some other illegals. Anyways, for those with the myth that it is bad for you and will ruin your life. I have led a pretty productive life with a family, mortgage, car payments and all the good stuff that becomes with being an adult and a productive citizen. I even quit drinking when they legalized it here for recreational use.

All I have to say is that I will continue to use whether it is legal or not. It was actually cheaper when it was illegal. I don't mind paying a little more at the dispensary as the taxes I pay are supposed to go to education and stuff. I don't really care which way the national government will go on this because for me it is just business as usual.



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post #25 of 27 Old January 9th, 2018, 07:11 PM
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As of right now it is illegal to transport pot across state lines even if both those states have passed recreational use. This should in theory negate the governments claim to regulate under the commerce clause. If it all stays within the state. It is also a cash business so there are no funds or credit being issues across state lines either.
Several years ago a company in Montana decided they were going to make guns that were never sold across state lines under the rationale that if it didn't cross state lines the feds couldn't regulate it. The ATF disagreed. I never heard the outcome but I assume the ATF having the full force of government behind them won the argument.

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post #26 of 27 Old January 9th, 2018, 09:23 PM
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As of right now it is illegal to transport pot across state lines even if both those states have passed recreational use. This should in theory negate the governments claim to regulate under the commerce clause. If it all stays within the state. It is also a cash business so there are no funds or credit being issues across state lines either.
What I want to know is how they were able to skirt Federal law about weed and interstate commerce when they struck a deal with California to be able to supply Nevada due to the shortages that came about in the first days of legal weed in the state. Their short sighted legislation created a shortage of product which prompted the governor to pass a law allowing this but I'm wondering if they petitioned the Feds to allow this temporarily.

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post #27 of 27 Old January 11th, 2018, 02:39 PM Thread Starter
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Keep em' rollin! East Coast is catching up with the West.

Vermont Senate passes bill to legalize recreational marijuana use

A young man was following Him, wearing nothing but a linen sheet over his naked body; and they seized him. But he pulled free of the linen sheet and escaped naked. (Mark 14:51-52)
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