Re: Prop 19 - Legalize, regulate, and tax marijuana in california
I think the radio had it summed up this morning: people for prop 19 were to chill to go out and vote.
Re: Prop 19 - Legalize, regulate, and tax marijuana in california
Sad result, but glad to see that literally millions of people voted in favor of it. Right direction for sure... maybe in a few years.
Re: Prop 19 - Legalize, regulate, and tax marijuana in california
Quote:
Originally Posted by
Cojafoji
It's a question of the enumerated powers of the federal government as set forth by the tenth amendment. All powers not specifically laid down in the constitution or following amendments are to be inherited by the states as reserved powers. The real problem is the national regulation of the CSA (controlled substances act) which allows the federal government to lump a lot of drugs/meds/plants etc in one big group that the government can legally tax (and in most cases restrict the ability to pay the tax, therefore making it illegal).
Honestly, this is a US Supreme Court case in the making.
Basically this. I'm sure there are many state and local laws that actually violate federal law; it's just that they don't get repealed until the courts say it has to be after a case was brought up involving that law. That's just how it works here in the USA. Any court can actually call a law unconstitutional, but it can be appealed up through to the Supreme Court.
Re: Prop 19 - Legalize, regulate, and tax marijuana in california
Quote:
Originally Posted by
Warsaw
Basically this. I'm sure there are many state and local laws that actually violate federal law; it's just that they don't get repealed until the courts say it has to be after a case was brought up involving that law. That's just how it works here in the USA. Any court can actually call a law unconstitutional, but it can be appealed up through to the Supreme Court.
I think a state loophole might be to declassify the drug as a scheduled substance, thereby eliminating the need regulate (tax) it. If a state were to do that, there's nothing the federal government could do. It would still be able to tax it, but it wouldn't be able to legally confiscate it, because it's not within the governments power to classify it AS such.
At least I think.
Re: Prop 19 - Legalize, regulate, and tax marijuana in california
Its the federal government that does that classification. And if Cali makes it Taxable then they violate federal law. There's no doubt about it, but our current president was a pothead at one point so I doubt he'll prosecute :P
Re: Prop 19 - Legalize, regulate, and tax marijuana in california
Quote:
Originally Posted by
Dwood
Its the federal government that does that classification. And if Cali makes it Taxable then they violate federal law. There's no doubt about it, but our current president was a pothead at one point so I doubt he'll prosecute :P
It's the governments right to tax it. THAT'S IT. Nothing more. If it is legal at the state level, they should be bound to issue and collect those taxes. If they do not, then they would be in violation of federal law, because marijuana is TOTALLY legal with the proper federal tax stamp.
Re: Prop 19 - Legalize, regulate, and tax marijuana in california
Actually, the federal government is only truly able to legalize a drug. Even if drug charges on a state level are abolished, its still a federal crime.
Re: Prop 19 - Legalize, regulate, and tax marijuana in california
Quote:
Originally Posted by
Cojafoji
It's the governments right to tax it. THAT'S IT. Nothing more. If it is legal at the state level, they should be bound to issue and collect those taxes. If they do not, then they would be in violation of federal law, because marijuana is TOTALLY legal with the proper federal tax stamp.
If they sell marijuana to any joe blow that wants it then they have to tax it. If it's taxable, they can do anything to it that they want, including remove it off of the market. I'm not sure you understand the commerce clause of the Constitution very well.
Re: Prop 19 - Legalize, regulate, and tax marijuana in california
Quote:
Originally Posted by
Dwood
If they sell marijuana to any joe blow that wants it then they have to tax it. If it's taxable, they can do anything to it that they want, including remove it off of the market. I'm not sure you understand the commerce clause of the Constitution very well.
I mentioned the illegality by lack of proper tax stamps on the last page. As for the commerce clause, if it all takes place within the state, growing, selling etc, then it really doesn't apply.
Needs more precedent.
Re: Prop 19 - Legalize, regulate, and tax marijuana in california
Needs less federal penalties
21 USC Chapter 13, Part D
