SCOTUS and the new Marijuana laws.

[Pryderi]

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?

[Hugabear]

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.

[NYC Liberal]

3. Gonzales v. Raich upheld federal bans on drugs

and said they trumped any state laws.

[tama]

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).

[RC]

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

Who knew?

[tama]

6. That particular UN drug treaty

is made by US and enforced by US.

[RC]

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

[Thrill]

2. Its going to be interesting

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

[Pryderi]

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

[Angleae]

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.