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re: Oklahoma, Nebraska Ask U.S. Supreme Court To Overturn Colorado Marijuana Law
Posted on 12/20/14 at 9:16 am to Sentrius
Posted on 12/20/14 at 9:16 am to Sentrius
I don't see how they can possibly have a case. Colorado is under no obligation to make something a crime under state law just because it's a federal crime. If the feds want to ban marijuana, then it's their job to enforce that ban.
2
Posted on 12/20/14 at 9:20 am to Bestbank Tiger
Here's the actual text of the Supermacy Clause:
No relation to the Colorado dispute. Someone who uses marijuana is not violating any state law, so the state doesn't have the jurisdiction to prosecute. If the feds don't like Colorado legalizing marijuana, they can send the DEA in to arrest people on federal charges. But state courts have no power because no state law is being violated.
quote:
This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding.
No relation to the Colorado dispute. Someone who uses marijuana is not violating any state law, so the state doesn't have the jurisdiction to prosecute. If the feds don't like Colorado legalizing marijuana, they can send the DEA in to arrest people on federal charges. But state courts have no power because no state law is being violated.
Posted on 12/20/14 at 9:30 am to Bestbank Tiger
quote:
I don't see how they can possibly have a case. Colorado is under no obligation to make something a crime under state law just because it's a federal crime. If the feds want to ban marijuana, then it's their job to enforce that ban.
If the Supremes can tell Arizona to stop enforcing federal immigration laws due to the supremacy clause, then how can a state try to get another state to enforce and abide by federal law which the Feds are really not enforcing?
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