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it can also revoke/revise that directive as it wants Which Sessions just did.
by lutorm 9y ago
it can also revoke/revise that directive as it wants
Which Sessions just did.
- dx034 9y agoDoes that the DEA will start busting shops that are legal under state law?
- dragonwriter 9y agoIt might. That happened in legalizing states prior to the policy; Rohrabacher-Farr, as long as it keeps getting renewed, legally limits this for state-authorized medical marijuana, but the effect in states with broader legalization is unclear.
- phiskk 9y agoThe state could just arrest the federal agents for breaking state law, and throw them in with the drug dealers and stall the fed's efforts to spring them with maximal paperwork. Let the 'system' sort them out and see how keen they are.
- greenleafjacob 9y agoFederal law preempts state law.
- mindcrime 9y agoOnly in regards to things where the federal government has authority to begin with. There are very good reasons (the Enumerated Powers clause, the 9th and 10 amendments, etc.) to question if the federal government actually has all the authority it claims for itself.
- greenleafjacob 9y agoThat’s true, but it’s been squarely presented and decided in Reich v Gonzales, relying on Wickard v Filburn that Congress does have this power. And through application of stare decisis / precedent it will be difficult to undo that.
- imbur 9y agoNo, what Sessions specifically said is it will be up to the state attorneys. In most cases their goals are aligned with the citizens who voted these laws into place.
- dragonwriter 9y ago> No, what Sessions specifically said is it will be up to the state attorneys. In most cases their goals are aligned with the citizens who voted these laws into place. No, he said that US Attorneys should follow preexisting prosecutorial principles rather than the restraint policy which, in his words, “undermined the rule of law”. [0] US Attorneys are federal executive-branch political appointees, not state officials whose goals are aligned with the interests of the voters of the state. [0] http://www.thecannabist.co/2018/01/04/sessions-marijuana-enforcement-memo-rescind-cole/95922/ http://www.thecannabist.co/2018/01/04/sessions-marijuana-enf...