• Home
  • MJNews @PRNewswire
  • MJChannelOne
  • MJBA.net
  • MJHeadlineNews
  • Subscribe
  • Advertise
  • MJBA PR

MJNews Network

"The Voice of Legal Cannabis Since 2013"

  • Home
  • Business
  • MJNews by PRNewswire
  • Legal
  • Events
  • BlPOC in Cannabis
  • MJBAPR
  • MJAdnet
You are here: Home / Homepage / The Feds, The States And The Controlled Substances Act

The Feds, The States And The Controlled Substances Act

January 12, 2015 by MJ News Network Leave a Comment

COLORADO:   David B. Rivkin and Elizabeth Price Foley have risen to the defense of the attorneys general of Nebraska and Oklahoma, who complain about spillover enforcement costs from Colorado’s law legalizing marijuana and hence are asking the Supreme Court to declare that law unconstitutional.

Along the way they respond to conservative charges of “fair-weather federalism” by pointing to President Obama’s failure to enforce federal drug law in Colorado as the real problem. Yet the gravamen of their legal argument is that, under the Constitution’s Supremacy Clause, federal law trumps conflicting state law, so even when the president won’t enforce that law, states “may not pursue policies that undermine federal law,” as policies in Colorado and three other states allegedly now do.

Do they? How exactly is Colorado undermining federal law? Mr. Rivkin and Ms. Foley cite Colorado’s attorney general as saying that “his state is ‘becoming a major exporter of marijuana.’” He was doubtless speaking loosely there. After all, the state isn’t exporting marijuana. In essence, what the state has done is legalize the sale and use of marijuana—as if it had never made it illegal to begin with. Nothing requires a state to make marijuana illegal. Nor is the state doing anything to prohibit federal enforcement of federal prohibitions. It’s doubtful, therefore, that there is any conflict here for the Supreme Court to notice.

 

Read full article @ WSJ

Filed Under: Homepage, Legal, Recreational Tagged With: changing attitudes, Colorado, end failed prohibition, legalization, state vs. federal law, states rights

About MJ News Network

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Connect with Us!

  • Email
  • Facebook
  • Instagram
  • LinkedIn
  • Pinterest
  • RSS
  • Tumblr
  • Twitter
  • Vimeo
  • YouTube

Top Stories

Ohio Board of Pharmacy Publishes Updated Patient & Caregiver Numbers for June 2022

OHIO:  The State of Ohio Board of Pharmacy published updated patient & caregiver numbers for June 2022.  These numbers include: 526,255 Recommendations 285,621 Registered patients 18,058 Patients with Veteran Status 19,536 Patients with Indigent Status 1,122 Patients with a Terminal Diagnosis 148,950 Patients with both an active registration and an active recommendation 265,520 Unique patients Read the full article…

Michigan’s Cannabis Regulatory Agency Recognizes 21 Qualifiers in New Social Equity All-Star Program

MICHIGAN: The Cannabis Regulatory Agency (CRA) announced this week the first approved gold qualifier through the Social Equity All-Star Program, a new initiative to encourage cannabis industry licensees to be proactive in their diversity, equity, and inclusion campaigns. In addition to the first gold qualifier, the agency also announced the first 20 bronze qualifiers in Read the full article…

OLCC Commissioners Plan to Tighten “Change of Ownership” Option

Bad actors won’t get easy off-ramp to sell their businesses OREGON:  The Oregon Liquor and Cannabis Commission (OLCC) has grown tired of “bad actors” gaming the system when they’re caught breaking the law or violating OLCC rules, so Commissioners plan to crack down on that group of licensees by limiting their ability to monetize their Read the full article…

Mammoth Labs Cannabis Golf Tournament is August 6th, 2022 in Roslyn, WA

MAMMOTH LABS CANNABIS GOLF CHAMPIONSHIP August 06, 2022 Suncadia Resort – Roslyn, Wa STREAMING MJNEWS POWERED BY PR NEWSWIRE

OLCC Task Force on Cannabis-Derived Intoxicants and Illegal Cannabis Production

  Task Force on Cannabis-Derived Intoxicants and Illegal Cannabis Production Cannabinoid Subcommittee Meeting Notice AGENDA 9:30 AM – 11:30 AM Tuesday, August 2, 2022 Location: Virtual – Microsoft Teams meeting Click here to join the meeting on Teams Or call in (audio only) 323-553-3576; Passcode: 282 099 157#   TURN ON. TUNE IN. CATCH THE Read the full article…

Michigan’s Cannabis Regulatory Agency Recognizes 21 Qualifiers in New Social Equity All-Star Program

OLCC Commissioners Plan to Tighten “Change of Ownership” Option

Mammoth Labs Cannabis Golf Tournament is August 6th, 2022 in Roslyn, WA

Tags

CA California Canada cannabis cannabis news CBD changing attitudes CO Colorado DC decriminalization dispensary District of Columbia end failed war on drugs end of failed war on drugs failed war on drugs Hemp I-502 legal cannabis legalization legal marijuana legal pot shop marijuana marijuana business medical cannabis medical marijuana mjlegal mjnews MJNews Network mjnewsnetwork.com mmj New York NORML NY OH Ohio OR Oregon politicians on pot recreational marijuana the business of cannabis the business of marijuana WA Washington WSLCB

Search By State:

  • Alabama
  • Alaska
  • Arizona
  • Arkansas
  • California
  • Colorado
  • Connecticut
  • Delaware
  • Florida
  • Georgia
  • Hawaii
  • Idaho
  • Illinois
  • Indiana
  • Iowa
  • Kansas
  • Kentucky
  • Louisiana
  • Maine
  • Maryland
  • Massachusetts
  • Michigan
  • Minnesota
  • Mississippi
  • Missouri
  • Montana
  • Nebraska
  • Nevada
  • New Hampshire
  • New Jersey
  • New Mexico
  • New York
  • North Carolina
  • North Dakota
  • Ohio
  • Oklahoma
  • Oregon
  • Pennsylvania
  • Rhode Island
  • South Carolina
  • South Dakota
  • Tennessee
  • Texas
  • Utah
  • Vermont
  • Virginia
  • Washington
  • West Virginia
  • Wisconsin
  • Wyoming

© Copyright 2014 MJBA Publishing · MJ News Network · All Rights Reserved ·