The Decriminalization of Marijuana by local governments was a very bad decision. In fact, very little thought went into it.
Take for example Norwood Ohio, this small city just passed the Decriminalization of Marijuana. If found with 200 grams and under the city will no longer charge you with a crime and there will be no fine. Sounds great until you read the fine print. Now the new law in Norwood is very similar to what other cities have already done or are planning on doing.
This is where it gets crazy.
It’s still illegal to buy or sell Marijuana in these cities.
City Police Departments have said they are not going to abide by the new law. They took an oath to enforce the laws. This includes local city laws and State laws. If they catch someone with Marijuana they will be charged using State law. They will take the Marijuana and charge you, depending on the amount of Marijuana will determine the fine and possible jail time.
By using State law the city will no longer receive the fine payouts. The County will receive the payouts. However, the costs associated with enforcement are absorbed by the city.
I think in order for decriminalization to be effective, it will have to be done at the state level. The law enforcement officers are required to comply with the constitution of the state. So regardless of what the locality says, if a law is in direct contradiction with what is law at the state level, the officers have to comply with the laws set at the state.
My guess is the local politicians know this and are only moving to decriminalize on paper as an appeal to voters supportive of it. Then the police have to enforce state law the politicians at the local level will just say that their hands are tied by the state.
So this takes us to a whole new level. States that have passed the Decriminalization of Marijuana have violated Federal laws.
The supremacy clause. States can make their own laws, as long as they don’t contradict what the federal law states. … The states do not have the authority to pass a law that negates a federal law
Law enforcement officers swear an oath of office to uphold the Constitution.
So, in every state and city where Marijuana has been made legal including for medical use, Law Enforcement has and continues to break their oath of office.
I wonder what would happen if a state amended their state constitution to make marijuana legal. Now it would be constitutionally protected at the state level and the federal government would have a huge 10th Amendment issue to deal with.
I agree with Pozzed post, its dead on.
decriminalizing it at the local level is useless, it has to be done at the state and federal level in my opinion.
I believe it should be legal for adults to grow their own; since legalizing will simply result in NO TAX black market sales. Once purchased illegally, it would be difficult to prove it wasn’t a legal buy.
But the states constitution can’t supersede the Nation’s Consitution. Now States do have the right not to enforce federal laws. All of this is interesting.
Most all of us are taught at an early age to follow the laws. We are taught to respect Law enforcement. Now we see that some States are disobeying certain federal laws. They do so for selfish reasons. One is for more votes the other is for financial gain, tax revenue.
It has happened but rare when the feds come in and close down a dispensary. So even the feds are ignoring federal laws. So they have broken their oath. Even the IRS of all agencies is sitting idle. I find that amazing.
I know the argument is Marijuana is good for medical use and it’s no worse than drinking. I can agree to an extent. What I have a hard time is wrapping my arms around the whole idea of breaking laws. This sends a very mixed message to the youth.
There should not be laws on the books prohibiting marijuana at the federal level in the first place. Congress should repeal all federal statutes, and return marijuana policy and regulation to the states where it belongs.
Out here in my state we have a town “Republic” that wants to ignore state laws concerning recently passed gun laws.
How they’re gong to get away with it is another matter. Maybe bypass state law and stick with federal laws that doesn’t have the states restriction.
And of course Seattle Time snobs called tiny town in Northeast…but actually it’s north central. It’s code talk for elitist snobs of Seattle to call anyone east of he hump Cascade pass east. The use it somewhat derogatory fashion in Snubville.
That’s not the point here. By all rights, the feds should be working OT busting the dispensaries. The AG should have already charged these states with breaking federal laws. The IRS should had already charged the dispensaries with income tax evasion. That’s the way it’s supposed to work. Instead, the feds turned their backs.
But when AZ rewrote their immigration laws the AG was all over it. Citing that AZ was not in parity with federal law.
So, what we have here is the people responsible for enforcing laws are picking and choosing what laws they are going to enforce and which ones they will ignore. Politics has now trumped rule of law.
I sent a request to my Senator asking him why the federal government and the IRS are not going after the dispensaries in states that legalized marijuana.
The response I received back was a form letter describing the benefits of medical marijuana.
