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Old 08-08-2010, 01:21 AM   #1 (permalink)
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Default Law-related question.

So a friend and I had a debate earlier:
We were talking about marijuana legalization and she said if it's legal in California, the federal police can still arrest you for possession, although the state police can't. It doesn't make sense to legalize it in a state if you can still get busted by the government for it. It seems to me that she's wrong, but she usually knows alot about this stuff, so maybe I'm wrong.
What do you think?
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Old 08-08-2010, 02:12 AM   #2 (permalink)
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federal law trumps state law. so if the feds wanted to prosecute you for possession, since federal law says marijuana is illegal, they can successfully prosecute you.
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Old 08-08-2010, 08:50 AM   #3 (permalink)
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Originally Posted by bungalow View Post
federal law trumps state law. so if the feds wanted to prosecute you for possession, since federal law says marijuana is illegal, they can successfully prosecute you.
This is true.

And what you're asking was true also, but since the Obama administration has taken over they've told the DEA to not trample on state law.
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Old 08-09-2010, 12:39 PM   #4 (permalink)
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Which brings us to the topic of: Seperation between state and federal government. We already saw the feds 86 Arizona's last ditch effort at immigration control, and it's been in the news a lot recently. How do we feel about the feds ****ting on the state authorities?
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Old 08-09-2010, 09:28 PM   #5 (permalink)
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Quote:
Originally Posted by Sljslj View Post
So a friend and I had a debate earlier:
We were talking about marijuana legalization and she said if it's legal in California, the federal police can still arrest you for possession, although the state police can't. It doesn't make sense to legalize it in a state if you can still get busted by the government for it. It seems to me that she's wrong, but she usually knows alot about this stuff, so maybe I'm wrong.
What do you think?
To be blunt, you are wrong. California has voted to somewhat decriminalize marijuana possession, while the Federal Government laws remain unchanged. As Big3 pointed out, Obama has relaxed the DEA pressure on the state and has, for the most part, allowed it to do its thing.

By comparison...

28.5 grams or less possessed
California law - up to $100 fine, no prison
Federal law - up to $1000 fine, up to 1 year (escalates beyond this with each offense)

More than 28.5 grams possessed
CA - $500, 6 months
Fed. - $1000, 1 year (escalates beyond this with each offense)

Growing any amount
CA - 1-3 years roughly
Federal - 5-life (unreal)

Basically every law is in conflict with the government. In November we vote for full legalization, which should be interesting.
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Old 08-10-2010, 12:03 PM   #6 (permalink)
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Originally Posted by pourmeanother View Post
To be blunt, you are wrong. California has voted to somewhat decriminalize marijuana possession, while the Federal Government laws remain unchanged. As Big3 pointed out, Obama has relaxed the DEA pressure on the state and has, for the most part, allowed it to do its thing.

By comparison...

28.5 grams or less possessed
California law - up to $100 fine, no prison
Federal law - up to $1000 fine, up to 1 year (escalates beyond this with each offense)

More than 28.5 grams possessed
CA - $500, 6 months
Fed. - $1000, 1 year (escalates beyond this with each offense)

Growing any amount
CA - 1-3 years roughly
Federal - 5-life (unreal)

Basically every law is in conflict with the government. In November we vote for full legalization, which should be interesting.
I agree, I assume there will be a bunch of butt-hurt feds out there doing a show of force if the prop gets passed. Just like they did with 215. Arresting law abiding citizens and medical patients just because fed law says they can.
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