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Lv 4
? asked in Politics & GovernmentLaw & Ethics · 1 decade ago

Pro Pot supporters, do you realize this, or is it conveniently ignored?

In several states, the move has been made to make Marijuana legal on a state level. Yet in every case where this has happened, the drug (it's classified as one, and easier to type that way) remains illegal on a federal level. Meaning that the federal law trumps the state law. Is this conveniently ignored, or something that isn't generally understood?

Update:

G vs. Oil, it's worth noting that in 2010, so far, there have been no less than sixty raids in California alone. Those were targeted at Marijuana growers and carried out by both the state of California, and the DEA.

8 Answers

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  • .
    Lv 7
    1 decade ago
    Favorite Answer

    No, I think we all know that. But, it will never be legalized federally until enough states stand up and legalize it on their level.

    But yes, we all know this.

    Obama asked the feds to lay off those using it legally in their state, but they have not complied.

  • 1 decade ago

    It's unconstitutional for the federal government to deny states the right to legalize marijuana. The Constitution doesn't delineate the power to control marijuana to the Federal government (they needed an amendment to the Con. just to prohibit alcohol). Since it's not a federal power, that means each state has the right to create their own laws regarding marijuana.

    If a state were to legalize it completely, and the federal government intervened, that case would go to the supreme court. They'd have to side with the state, unless the federal government made an amendment that made marijuana constitutionally illegal.

  • 1 decade ago

    Federal law only trumps state law if there is a direct conflict. Federal law does not outlaw the possession or use of marijuana, only the transport and sale. So, state legislation which legalized marijuana possession/use would not necessarily conflict with federal law. Yes, distributors may still run afoul of federal law. But growing your own, buying, possessing, and using would not.

  • ?
    Lv 5
    1 decade ago

    In 2009 President Obama issued an executive order to cease and desist all raids in states that medical marijuana is legal to respect the rights of the state. This is in effect as long as the state's own law reguarding medical marijuana is being followed. So I don't really see what your point is.

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  • 1 decade ago

    Yes I do believe that Obama said that the FEDS were not going to get involved in drug busts/raids in States where they have made marijuana legal for medicinal purposes.

  • 1 decade ago

    What does this have to do with supporting marijuana? Some of us support it being completely legal everywhere. Will this federal law have to change for marijuana to become legal? Yes. Are we impatiently awaiting a politician that will overturn this law? Yes.

    Source(s): A fellow supporter.
  • 1 decade ago

    I support legalization and regulation on the federal level.

  • Anonymous
    1 decade ago

    Yes but in 09 Obama stopped federal officers from busting people within states with med. laws. Or in short Obama is respecting state rights, even when states allow guns in bars. But thanks for playing.

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