Fed Retaliation AGAINST Prop 19 A Sure Thing

~Zen~ · Sep 12, 2010

As soon as Prop 19 passes in California you had best expect a huge backlash from the Federal Government over this issue. Now the news is out - they plan to sue California when this legislation passes. Anyone who thinks differently had best put down that bong, and think seriously about this - and be prepared.

President Barack Obama sued to keep Arizona from writing its own immigration laws. Now, every former Drug Enforcement Administration boss is asking whether he'll do the same to stop California from legalizing marijuana.

In a letter to Attorney General Eric Holder, all nine former DEA administrators said legalizing pot presented the same threat to federal authority as Arizona's immigration crackdown.

The letter raises questions about when the federal government should wade into debates over state laws. While Obama has made immigration an important issue for his administration, steering the debate over legalizing marijuana has not been a focus of his agenda.

Proposition 19, on the November ballot in California, would allow adults to possess up to one ounce of marijuana. Local governments would be allowed to tax its sales.

Obama's drug czar, Gil Kerlikowske, has said he opposes the measure, but the former DEA administrators in Democratic and Republican administrations say the Justice Department should forcefully come out against it before the election. And if it passes, the former administrators say, Obama should sue.

Before Arizona Gov. Jan Brewer signed a tough immigration law in April, Obama called it misguided. In July, the administration sued the state, saying only the federal government can set immigration policy. The lawsuit cited the Constitution's Supremacy Clause, which says that when state and federal laws are at odds, federal law prevails.

The DEA administrators say Obama should take the same stance on drugs.

"We would expect the Department of Justice to act just as swiftly and for the same reason," if California's ballot measure passes, the administrators wrote in the Aug. 24 letter.
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Read more here.

Elijah · Sep 12, 2010

the federal government should stay out of arizona and california's buisness both. obama doesn;t care what the majority of people in either state want. he has his own genda and he'll muscle it onto the american public bny any means necessary too.

lunarverse · Sep 12, 2010

This made me laugh.

"And if it passes, the former administrators say, Obama should sue."

This would be like a parent asking their child to pay them a debt out of the allowance money they receive.

Heat · Sep 12, 2010

Red herrings and scare tactics? I believe that these type of articles are. They want people afraid and they want people to feel that it is a cause that is not going to be passed.

Prop 19, as proposed, has some safe guards built into the draft that will negate probably being able to stop or reverse it, if passed.

It is still illegal to consume in public. It is illegal for private sale. It is illegal to drive under the influence. It is illegal for use by minors. It is illegal for a licensed distributor to sell more than 1 oz. Private growers can grow no more than 25 sq feet. It is also illegal for it to be in any way moved across the borders of California.

If it passes the probable scenario is that revenue dollars for the taxation will start to roll in. If challenged, the law will stand until it is reviewed by the high courts. During that time there are going to be other states who will follow suit. Especially given the revenue cow this is going to be.

They may challenge it as it is political. If they do not then it appears that there is not concern. The agency pushing for the ruling to be tested in large part is the DEA, go figure.

The law on Immigration in Arizona was ruled on and in my opinion it should of been as it was nothing more than a dressed up version of racial profiling.

It was challenged as it transgressed on the Federal jurisdiction for Border and Immigration laws. It was challenging a Federal law and that could not be allowed to just take place. It was overstepping their jurisdiction as a state.

Prop 19 by prohibiting the import or export across the California border means that they negate federal interference in passing it and also it can be challenged citing interstate commerce clauses. Under existing federal law if commerce is not interstate then it is not federal. No borders being violated, no federal issue.

I think it will be challenged as a political football but it will not overturn the passing of Prop 19. That is if voters will do what they should do.

That is another whole issue.

~Zen~ · Sep 13, 2010

Well this is certainly an interesting issue, and one that bears close watching.

Many locals in NoCal are against legalization, as it will hurt their bottom line - profit. Weed prices are already at their lowest in my recollection.

A local grower I know was lamenting to me just the other day that it is no longer possible to get $4000 a pound for quality outdoor Northern California cannabis. He says he is lucky to get $1800 a pound now, and the price will drip further when this year's crops hit the streets en masse.

This is of course great for the consumer, but this fellow says he can do better in the long run growing pomegranates.

lunarverse · Sep 13, 2010

HipChris said:

Well this is certainly an interesting issue, and one that bears close watching.

Many locals in NoCal are against legalization, as it will hurt their bottom line - profit. Weed prices are already at their lowest in my recollection.

A local grower I know was lamenting to me just the other day that it is no longer possible to get $4000 a pound for quality outdoor Northern California cannabis. He says he is lucky to get $1800 a pound now, and the price will drip further when this year's crops hit the streets en masse.

This is of course great for the consumer, but this fellow says he can do better in the long run growing pomegranates.
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Not to sound callous or anything, but those greedy folks (I'm not saying your contact is greedy) who grow and would not support legalization due to lost profits are no different than those folks (criminals) in Washington and all the other major corporations who put their own needs first (their bank accounts), rather than the well being of the rest of the people.

You also have to remember though, legalization can mean lost profits, but it can also mean more customers and no jail time. Which is better? More money, possible jail time, or less money, perhaps more customers (which could potentially mean more money), no jail time?

Duck · Sep 13, 2010

Nothing in this article suggests that Obama actually would sue. You did read it before posting, right?

~Zen~ · Sep 13, 2010

Of course I read it Duck... but this is about the possibility of that occurring, not a prediction.

We all hope this will succeed (at least most of us consumers here in Cali...); and yes, many growers are greedy and all too used to making mega-profits off the backs of sick people.

Dispensaries in this state run the full range of excessively profitable, to the places dedicated to serving their patients' needs at cost. I prefer the smaller collectives rather than the 'chain-store' mega-dispensaries, better quality over all and lower prices with less hassles.

When and if full legalization occurs there will be profit gouging of the recreational users. But then again, what's wrong with recreational users paying tax, just like on alcohol and tobacco? It's not like they have a medical NEED for cannabis, they just want to be stoned!

One way or another, this time and place in California is like living on the set of a comedy show with tragic overtones.

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Fed Retaliation AGAINST Prop 19 A Sure Thing

~Zen~ California Tripper Administrator

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Fed Retaliation AGAINST Prop 19 A Sure Thing

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lunarverse The Living End

Heat Smile, it's contagious! :) Lifetime Supporter

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