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What about the "federal" issue? |
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Written by Matt Vaughn
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Tuesday, 28 November 2006 |
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The California Constitution is very clear that state, county, and local jurisdictions are required to enforce state law first. Look at California auto emission laws and you'll see that they are very different from federal auto emission laws. Many California health, welfare, business, and tax laws conflict with federal laws, but, the state has the right, and in the case of public health and welfare, the duty, to enforce those states laws first. Local jurisdictions can, and do, turn marijuana cases over to the feds if the case has enough value to benefit federal attempts to seize assets. The DEA, ATF, DOJ are amongst the federal jurisdictions that give public notice of their seizures in the Wall Street Journal, and, you bet these guys work for those bottom lines. The current federal tactic seems to be the "Al Capone", multi-agency takedown of those who trade outside the bounds of tax law. The Raich decision, from the U.S. Supreme Court, did not strike down California's Compassionate Use Act, but rather, it defines all marijuana production, even in the privacy of your own back yard, under the jurisdiction of Interstate Commerce, so all you Al Capones out there, beware.
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Last Updated ( Friday, 01 December 2006 )
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