8 ms·

You can disagree all you want. It’s still illegal at the federal level. A fed could still cite you even though you are in CA, regardless of the CA legalization.

by d1str0 3y ago

toomuchtodo 3y ago
Caveat is Congress enjoined the DOJ from enforcing against medical marijuana use. Get a medical card (suuuuuuuper easy) and you’ve derisked. Sucks to have to hack around stupidity wrt federal policy on marijuana, but This Is America. It also reduces the tax you pay (typically, ymmv based on state) vs recreational purchases. https://www.mpp.org/policy/federal/are-consumers-or-cannabis-business-owners-at-risk-of-going-to-jail-under-federal-law/ https://www.mpp.org/policy/federal/are-consumers-or-cannabis... > There are some exceptions. In each fiscal year since 2015, Congress has included provisions in appropriations acts that prohibit the U.S. Department of Justice from using funds to prevent states from “implementing their own laws that authorize the use, distribution, possession, or cultivation of medical marijuana.” In effect, Congress prevents the DOJ from enforcing federal law in medical marijuana states. Courts have held up the provisions, and federal prosecutions of state-licensed businesses effectively stopped when it went into effect. However, those same protections haven’t been extended to adult-use (recreational) program participants, who remain at risk. (not legal advice, not an attorney, not your attorney)
- kube-system 3y ago
  There are some federal forms that ask about drug use and will disqualify you for use of marijuana. For example, employment forms and firearm background checks. And if you lie, they are still enforcing those laws. So while you may not go to prison for smoking weed, you might go to prison for smoking weed while doing something else that is regulated.
  - vuln 3y ago
    [flagged]
  - benatkin 3y ago
    Good, I appreciate their help with legalizing marijuana. We have to figure out how to regulate it rather than making it illegal. For instance, minors should be protected from it*, but medical marijuana must be available to minors with certain medical conditions. And DUIs must be prevented. That includes employment forms for operating heavy equipment. Those legalizing and those still fighting the racist drug war share some problems. * and also protected from harmful law enforcement practices
- dragonwriter 3y ago
  > Caveat is Congress enjoined the DOJ from enforcing against medical marijuana use. Get a medical card (suuuuuuuper easy) and you’ve derisked Caveat to the caveat is that DOJ keeps pushing the limit on the medical marijuana prosecution prohibition, and that in California (and the rest of the Ninth Circuit), the controlling case law is that the prohibition only applies to strict compliance with state medical use rules, and that even minor technical violations (even in states that also allow non-medical use) allows federal prosecution (the First Circuit last year established a slightly different rule).
benatkin 3y ago
OK I'll keep disagreeing. It's legal here.
- seattle_spring 3y ago
  Perhaps an explanation of why you can only buy it with cash would be helpful here.
- Quillbert182 3y ago
  It’s illegal in every state. California cannot override the federal government. They can choose not to enforce it, but federal law enforcement will still be able to arrest you.
  - benatkin 3y ago
    ...and the federal government can't override California*, unless they want to break a whole lot of eggshells to make their omelette * completely, of course they can here and there and not vice versa. But this asymmetry doesn't render it illegal IMO.
    - School-Cotton 3y ago
      Legality has nothing to do with enforcement. We can say that X Y or Z is illegal according to the laws of the Roman Empire, despite the fact that it hasn’t been able to enforce anything for more than 1000 years. Similarly, weed is illegal in the US — whether it’s unenforced because the feds choose not to do so, or because they can’t, is perhaps an interesting question but has nothing to do with whether it’s legal.
      - deleted 3y ago
        [deleted]
      - benatkin 3y ago
        When I disagreed with "California cannot override the federal government." I didn't mean to override their law on a theoretical level but their authority on a practical level. Sanctuary cities have shown that the state/local governments partially override the federal government on an overall basis, though not so much directly in individual cases (though they are able to request, not demand, and get their way in a lot of individual cases).

You can disagree all you want. It’s still illegal at the federal level. A fed could still cite you even though you are in CA, regardless of the CA legalization.

by d1str0 3y ago

You can disagree all you want. It’s still illegal at the federal level. A fed could still cite you even though you are in CA, regardless of the CA legalization.

toomuchtodo 3y ago

Caveat is Congress enjoined the DOJ from enforcing against medical marijuana use. Get a medical card (suuuuuuuper easy) and you’ve derisked. Sucks to have to hack around stupidity wrt federal policy on marijuana, but This Is America. It also reduces the tax you pay (typically, ymmv based on state) vs recreational purchases. https://www.mpp.org/policy/federal/are-consumers-or-cannabis-business-owners-at-risk-of-going-to-jail-under-federal-law/ https://www.mpp.org/policy/federal/are-consumers-or-cannabis... > There are some exceptions. In each fiscal year since 2015, Congress has included provisions in appropriations acts that prohibit the U.S. Department of Justice from using funds to prevent states from “implementing their own laws that authorize the use, distribution, possession, or cultivation of medical marijuana.” In effect, Congress prevents the DOJ from enforcing federal law in medical marijuana states. Courts have held up the provisions, and federal prosecutions of state-licensed businesses effectively stopped when it went into effect. However, those same protections haven’t been extended to adult-use (recreational) program participants, who remain at risk. (not legal advice, not an attorney, not your attorney)

kube-system 3y ago
There are some federal forms that ask about drug use and will disqualify you for use of marijuana. For example, employment forms and firearm background checks. And if you lie, they are still enforcing those laws. So while you may not go to prison for smoking weed, you might go to prison for smoking weed while doing something else that is regulated.
- vuln 3y ago
  [flagged]
- benatkin 3y ago
  Good, I appreciate their help with legalizing marijuana. We have to figure out how to regulate it rather than making it illegal. For instance, minors should be protected from it*, but medical marijuana must be available to minors with certain medical conditions. And DUIs must be prevented. That includes employment forms for operating heavy equipment. Those legalizing and those still fighting the racist drug war share some problems. * and also protected from harmful law enforcement practices
dragonwriter 3y ago
> Caveat is Congress enjoined the DOJ from enforcing against medical marijuana use. Get a medical card (suuuuuuuper easy) and you’ve derisked Caveat to the caveat is that DOJ keeps pushing the limit on the medical marijuana prosecution prohibition, and that in California (and the rest of the Ninth Circuit), the controlling case law is that the prohibition only applies to strict compliance with state medical use rules, and that even minor technical violations (even in states that also allow non-medical use) allows federal prosecution (the First Circuit last year established a slightly different rule).

benatkin 3y ago

OK I'll keep disagreeing. It's legal here.

seattle_spring 3y ago
Perhaps an explanation of why you can only buy it with cash would be helpful here.
Quillbert182 3y ago
It’s illegal in every state. California cannot override the federal government. They can choose not to enforce it, but federal law enforcement will still be able to arrest you.
- benatkin 3y ago
  ...and the federal government can't override California*, unless they want to break a whole lot of eggshells to make their omelette * completely, of course they can here and there and not vice versa. But this asymmetry doesn't render it illegal IMO.
  - School-Cotton 3y ago
    Legality has nothing to do with enforcement. We can say that X Y or Z is illegal according to the laws of the Roman Empire, despite the fact that it hasn’t been able to enforce anything for more than 1000 years. Similarly, weed is illegal in the US — whether it’s unenforced because the feds choose not to do so, or because they can’t, is perhaps an interesting question but has nothing to do with whether it’s legal.
    - deleted 3y ago
      [deleted]
    - benatkin 3y ago
      When I disagreed with "California cannot override the federal government." I didn't mean to override their law on a theoretical level but their authority on a practical level. Sanctuary cities have shown that the state/local governments partially override the federal government on an overall basis, though not so much directly in individual cases (though they are able to request, not demand, and get their way in a lot of individual cases).