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I worry about what will happen when the next GOP President takes office. Will there be a sudden federal crackdown? If that happens then I think it is inevitable

I worry about what will happen when the next GOP President takes office. Will there be a sudden federal crackdown? If that happens then I think it is inevitable that the US will devolve into a tyranny --just as Plato said, all democracies ultimately do.

tolas 12y ago
I think it's pretty easy to argue that this is a states rights issue and should be left to the states. Nothing they could do would stop the momentum that we have in Colorado. Not to mention that'd you'd be putting tens of thousands of people out of a job if you tried to "crack down" on one of the fastest growing industries in the country (where it's legal). Job creators.
- jack-r-abbit 12y ago
  It is also pretty easy to argue that the feds need to just make it legal and then let the states go from there. Just like with alcohol where various states have slightly different rules but, for the most part, you can get booze just about where ever and when ever you want.
derwiki 12y ago
Could a new GOP president retroactively charge dispensary customers with illegal possession?
- dragonwriter 12y ago
  It wouldn't be "retroactively" any more than all criminal prosecutions (which, in the absence of precrime legislation, necessarily address events in the past) are. Subject to the applicable statutes of limitations, as long as the federal laws are on the books, yes, people who committed offenses at a time when the those offenses were not prosecutorial priorities of the executive branch could be charged when the prosecutorial priorities of the executive branch change. That's sort of the key distinction between "prosecutorial priorities" and "laws".
- bmelton 12y ago
  Well, they wouldn't have to retroactively do anything, since marijuana is still a federally controlled substance, and federal law still considers its sale and consumption illegal. The only thing that stopped the dispensary raids on California dispensaries was discretion. The law hasn't changed substantially enough that what they're doing is still considered kosher to the federal government. As it stands, the next president, whatever his party, could simply decide to resume those raids, and would be perfectly within their statutory purview to do. That said, I agree with the assertion that it is a states' rights issue, but SCOTUS precedent extends the power of the Interstate Commerce Clause to include much more than this, so according to current precedent, states rights only exist where the federal government expressly abdicates making a policy decision, which isn't something our federal government is terribly good at doing.
xienze 12y ago
> I worry about what will happen when the next GOP President takes office. Probably a repeat of how Obama handled things. http://www.huffingtonpost.com/2012/04/25/obama-marijuana-raids-rolling-stone_n_1451744.html http://www.huffingtonpost.com/2012/04/25/obama-marijuana-rai...
jessaustin 12y ago
Since the next GOP prez will be Rand Paul, I wouldn't worry about it. "He's cool, bro."

tolas 12y ago

I think it's pretty easy to argue that this is a states rights issue and should be left to the states. Nothing they could do would stop the momentum that we have in Colorado. Not to mention that'd you'd be putting tens of thousands of people out of a job if you tried to "crack down" on one of the fastest growing industries in the country (where it's legal). Job creators.

jack-r-abbit 12y ago
It is also pretty easy to argue that the feds need to just make it legal and then let the states go from there. Just like with alcohol where various states have slightly different rules but, for the most part, you can get booze just about where ever and when ever you want.

derwiki 12y ago

Could a new GOP president retroactively charge dispensary customers with illegal possession?

dragonwriter 12y ago
It wouldn't be "retroactively" any more than all criminal prosecutions (which, in the absence of precrime legislation, necessarily address events in the past) are. Subject to the applicable statutes of limitations, as long as the federal laws are on the books, yes, people who committed offenses at a time when the those offenses were not prosecutorial priorities of the executive branch could be charged when the prosecutorial priorities of the executive branch change. That's sort of the key distinction between "prosecutorial priorities" and "laws".
bmelton 12y ago
Well, they wouldn't have to retroactively do anything, since marijuana is still a federally controlled substance, and federal law still considers its sale and consumption illegal. The only thing that stopped the dispensary raids on California dispensaries was discretion. The law hasn't changed substantially enough that what they're doing is still considered kosher to the federal government. As it stands, the next president, whatever his party, could simply decide to resume those raids, and would be perfectly within their statutory purview to do. That said, I agree with the assertion that it is a states' rights issue, but SCOTUS precedent extends the power of the Interstate Commerce Clause to include much more than this, so according to current precedent, states rights only exist where the federal government expressly abdicates making a policy decision, which isn't something our federal government is terribly good at doing.

xienze 12y ago

> I worry about what will happen when the next GOP President takes office. Probably a repeat of how Obama handled things. http://www.huffingtonpost.com/2012/04/25/obama-marijuana-raids-rolling-stone_n_1451744.html http://www.huffingtonpost.com/2012/04/25/obama-marijuana-rai...

jessaustin 12y ago

Since the next GOP prez will be Rand Paul, I wouldn't worry about it. "He's cool, bro."