This article is interesting. There will be a ballot measure in 2010 for California to legalize marijuana.
The fallacy is that possession of marijuana will still be illegal according to Federal law. Someone living in California could possess marijuana (legal according to California state law), but be prosecuted under Federal law.
Suppose you're living in California and arrested for possession of marijuana. The Federal government could order your trial to be moved to another state, because California juries are "biased". Then, you're barred from mentioning "Marijuana is legal in California!" in your defense.
Such a law would only have teeth if it also contained a provision saying "Federal agents are barred from enforcing anti-marijuana laws in California. If Federal agents attempt to enforce such a law, then California state police must arrest them for trespassing."
"Legalize marijuana in California" only matters if Federal agents are barred from enforcing the Federal anti-marijuana law *AND* California state police are prepared to back this order with violence.
Monday, November 9, 2009
The Fallacy of California Marijuana Legalization
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2 comments:
It is the stigma that scares many people who use smoking pipes to keep it a secret. One of the problems inhibiting legalization is that people who smoke a glass pipe are not considered serious or mature. It is the public to make our choices known and to make sure our voices are heard. With the economy the way it is today this is the best chance to change the law. Send a letter make, send an email make a phone call, every hand written Letter that makes it to a representative is considered to be the voice of thousands of people who did not take the time to write and that is a power we all have.
Sunflowerpipes.com
I beg to differ. Legalization of marijuana in California will prevent state and local officials from arresting people in the possession of marijuana. While federal agents can still make these arrests, the Feds are not concerned with smalltime possession. They are more concerned with the growers, distributors, and dealers of marijuana.
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