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joshcryer

(62,276 posts)
Thu Jun 14, 2012, 03:24 AM Jun 2012

If a state decriminalizes MMJ, DOJ cracks down, state AG sues, how would SCOTUS rule?

I saw an interesting hypothetical on a comment section to a Denver Post article. I'm curious as to how this would be handled by the SCOTUS, and if that would actually be a good thing, politically speaking.

Is there precedent for a state making their own laws that contridict federal laws, only for the states' laws to take precedence?

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If a state decriminalizes MMJ, DOJ cracks down, state AG sues, how would SCOTUS rule? (Original Post) joshcryer Jun 2012 OP
State Law, Sir, Does Not Affect Federal Enforcement The Magistrate Jun 2012 #1
Would the state Attorney General have a case they could take to the Supreme Court? joshcryer Jun 2012 #2
To make a long story short, no jberryhill Jun 2012 #3
Ahh, well, thanks. That clears things up. joshcryer Jun 2012 #5
Not Sure If A State Attorney General Would Even Have Standing, Sir The Magistrate Jun 2012 #4
Thank You, Sir. joshcryer Jun 2012 #6
If We Read the same Comment, Sir The Magistrate Jun 2012 #7
I believe you read the comment I was referring to. Yes that appears to be the case. joshcryer Jun 2012 #8
The Supreme Court has already decided this: Gonzales v. Raich Freddie Stubbs Jun 2012 #9
I came in to post this. The SC considered marijuana to be interstate commerce, morningfog Jun 2012 #10
Weird. Nuclear Unicorn Jun 2012 #12
Wickard v. Filburn Freddie Stubbs Jun 2012 #15
wow. That's just wrong. n/t Nuclear Unicorn Jun 2012 #16
This message was self-deleted by its author Freddie Stubbs Jun 2012 #18
Violence against women affects interstate commerce... jberryhill Jun 2012 #13
Thanks for that, thanks all for helping me out with this one. joshcryer Jun 2012 #14
the Bush DOJ librechik Jun 2012 #19
Depends on which side the big money is on CanonRay Jun 2012 #11
Just remember sorefeet Jun 2012 #17
The Supreme Court has already ruled on this issue. former9thward Jun 2012 #20

The Magistrate

(95,249 posts)
1. State Law, Sir, Does Not Affect Federal Enforcement
Thu Jun 14, 2012, 03:36 AM
Jun 2012

Federal law would continue to apply, and be enforceable by Federal officers, in any state of the Union. This is basic doctrine.

State and local officers would be bound by state law; they have no responsibility to enforce Federal law, nor are they required to do so.

joshcryer

(62,276 posts)
2. Would the state Attorney General have a case they could take to the Supreme Court?
Thu Jun 14, 2012, 03:40 AM
Jun 2012

Or is there basically nothing a state can do?

 

jberryhill

(62,444 posts)
3. To make a long story short, no
Thu Jun 14, 2012, 03:48 AM
Jun 2012

The federal government is not taking any action against the state.

The state has no standing to bring a case objecting to the federal government enforcing federal laws against individual citizens.

joshcryer

(62,276 posts)
5. Ahh, well, thanks. That clears things up.
Thu Jun 14, 2012, 03:54 AM
Jun 2012

I wasn't sure what that poster on that comment section was talking about.

It does help clarify why there is a push for Holder enforcing federal laws against states that legalize marijuana. They're afraid, very afraid.

The Magistrate

(95,249 posts)
4. Not Sure If A State Attorney General Would Even Have Standing, Sir
Thu Jun 14, 2012, 03:54 AM
Jun 2012

Someone would have to be arrested by a Federal agent, tried and convicted, and then appeal, eventually to the Supreme Court. The state attorney general could certainly assist the subject of such a test case. The court would be under no obligation to take the case, and it has already ruled, not too long ago, that the Commerce Clause gives Federal jurisdiction even over marijuana grown in and distributed in a state, since this could readily be diverted from intra-state trade into inter-state trade. The affair would be a bet the court would reverse this ruling, and that would be a bet in face of long odds indeed, in my view.

joshcryer

(62,276 posts)
6. Thank You, Sir.
Thu Jun 14, 2012, 03:56 AM
Jun 2012

Your insight is always appreciated.

Sorry for the silly question. I was not sure what that commentator was on about.

The Magistrate

(95,249 posts)
7. If We Read the same Comment, Sir
Thu Jun 14, 2012, 04:01 AM
Jun 2012

He seems to imagine there is something un-Constitutional about the Federal drug laws themselves ( the reference to 'the feds house of cards concerning drug laws will start to fall apart' ), which suggests some combination of ignorance and illusion.

joshcryer

(62,276 posts)
8. I believe you read the comment I was referring to. Yes that appears to be the case.
Thu Jun 14, 2012, 04:06 AM
Jun 2012

He speaks of "drug laws" generally. I admit that I was taken by his idea, because it did seem interesting, and I've read similar comments over marriage equality. I think, however, you've convinced me that they're not in the same ballpark. One choses what to consume (outside of water and oxygen, etc), one does not choose who they are attracted to, etc.

 

morningfog

(18,115 posts)
10. I came in to post this. The SC considered marijuana to be interstate commerce,
Thu Jun 14, 2012, 08:55 AM
Jun 2012

and thus subject to federal regulation, even though the federal government prohibits marijuana as commerce.

Nuclear Unicorn

(19,497 posts)
12. Weird.
Thu Jun 14, 2012, 09:17 AM
Jun 2012

What if a state certified that any MJ grown was grown and consumed strictly within the stae. Then the Fed wouldn't have interstate commerce claims.

Response to Freddie Stubbs (Reply #15)

 

jberryhill

(62,444 posts)
13. Violence against women affects interstate commerce...
Thu Jun 14, 2012, 11:14 AM
Jun 2012

Which is the basis for the Violence Against Women Act.

joshcryer

(62,276 posts)
14. Thanks for that, thanks all for helping me out with this one.
Thu Jun 14, 2012, 08:53 PM
Jun 2012

So we're fucked even if we do get it legalized unless we can get the DOJ to respect it.

librechik

(30,676 posts)
19. the Bush DOJ
Fri Jun 15, 2012, 02:33 PM
Jun 2012

practically unchanged since 2000. And hell bent on destroying liberals, as always (since about 1980)

CanonRay

(14,111 posts)
11. Depends on which side the big money is on
Thu Jun 14, 2012, 09:10 AM
Jun 2012

They'll probably consult several CEOs at a cocktail party before deciding something so important.

former9thward

(32,064 posts)
20. The Supreme Court has already ruled on this issue.
Fri Jun 15, 2012, 02:37 PM
Jun 2012

Gonzales v. Raich (2005) was a decision by the United States Supreme Court ruling that under the Commerce Clause of the United States Constitution, the United States Congress may criminalize the production and use of home-grown cannabis even where states approve its use for medicinal purposes.

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