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Section 903 of the Controlled Substances Act has a "positive conflict" clause. I haven't heard enough about this, but legalization activists in Washington say i
by zachrose 14y ago
Section 903 of the Controlled Substances Act has a "positive conflict" clause. I haven't heard enough about this, but legalization activists in Washington say it means that federal law will only override state law if the state law forces people to do something illegal.[1]
[1] http://www.newapproachwa.org/sites/newapproachwa.org/files/I-502%20Backgrounder%20-%20Federal%20Law%20-%20073012.pdf http://www.newapproachwa.org/sites/newapproachwa.org/files/I...
- chimeracoder 14y agoThe problem is that wasn't practiced under either the Bush or Obama administrations (despite the latter's campaign promises) with respect to medical marijuana. Because of the way the laws are structured, it's almost guaranteed that any state law that allows people to grow/sell/use marijuana will violate some portion of some law other than the Controlled Substances Act, which means that the federal government always has an excuse to crack down hard. Which they have no qualms about doing, apparently. (That said, this will be interesting because it is a much bolder contradiction of federal law, and it will force the federal government to address it directly, instead of using the tax laws for controlled substances as an excuse for cracking down).