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Tue Nov 13, 2012, 04:47 PM

SCOTUS and the new Marijuana laws.

Any legal eagles here have an opinion on what may happen if the Federal Govt. continues to enforce drug laws?

Do you think it would go to the Supreme Court and if so, what do you speculate will happen?

9 replies, 767 views

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Arrow 9 replies Author Time Post
Reply SCOTUS and the new Marijuana laws. (Original post)
Pryderi Nov 2012 OP
Hugabear Nov 2012 #1
NYC Liberal Nov 2012 #3
tama Nov 2012 #4
RC Nov 2012 #5
tama Nov 2012 #6
RC Nov 2012 #8
Thrill Nov 2012 #2
Pryderi Nov 2012 #7
Angleae Nov 2012 #9

Response to Pryderi (Original post)

Tue Nov 13, 2012, 04:50 PM

1. Have any drug laws ever been tested by the SCOTUS?

It took a Constitutional amendment to ban the sale of alcohol. I don't know if any cases regarding the prohibition of certain drugs have ever made it to the SCOTUS. If so, I'd be interested in knowing on what grounds the SCOTUS upheld these laws.

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Response to Hugabear (Reply #1)

Tue Nov 13, 2012, 04:56 PM

3. Gonzales v. Raich upheld federal bans on drugs

and said they trumped any state laws.

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Response to Hugabear (Reply #1)

Tue Nov 13, 2012, 05:00 PM

4. And that Constitutional amendment

 

was after the threat that states would use amendment 5 Constitutional Convention. Prohibition of alcohol was constitutional amendment by Congress, the only one ever cancelled by another amendment.

The legal basis of drug prohibition is at least currently based on international treaty (UN).

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Response to tama (Reply #4)

Tue Nov 13, 2012, 05:51 PM

5. The U.S. still honors its treaties?

 

Who knew?

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Response to RC (Reply #5)

Tue Nov 13, 2012, 07:43 PM

6. That particular UN drug treaty

 

is made by US and enforced by US.

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Response to tama (Reply #6)

Tue Nov 13, 2012, 11:56 PM

8. Well, that explains that, doesn't it?

 

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Response to Pryderi (Original post)

Tue Nov 13, 2012, 04:52 PM

2. Its going to be interesting

to see what Pres. Obama's response is when asked.

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Response to Thrill (Reply #2)

Tue Nov 13, 2012, 09:25 PM

7. Could he decide not to enforce it as he did with immigration? n/t

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Response to Pryderi (Original post)

Wed Nov 14, 2012, 01:06 AM

9. The feds can enforce any federal law. The 2 states are incapable of stopping them.

However, the feds will get absolutely no help from WA or CO authorities in doing so. When it gets to the federal courts, the state laws will be rejected as admissable evidence due to jurisdiction. SCOTUS won't even hear it.

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