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Old 11-11-2012, 10:33 AM   #31 (permalink)
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Re: Amendment 64 Passes: Colorado Legalizes Marijuana For Recreational Use

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Originally Posted by Diable View Post
The Federal Government is going to decide whether or not to challenge this in the Supreme Court, but in the long run we're looking at Decriminalization and then perhaps Legalization. The logic behind it is overwhelming. You are wasting tons of money on a law that can not be practically enforced because one in seven Americans is using the stuff. You are giving a huge amount of money to criminal organizations which could be used for better purposes and then you are clogging up the court system and putting people into prison for something that just doesn't do a lot of societal harm.
I don't disagree with any of this.

However, you are looking at the issue logically, when you should be looking at it from a political point of view.

No president, no matter how left-leaning, is going to allow this to proceed. This is a parochial country, and will remain so for the length of your lifetime, and longer (I am presuming you are younger than me, but with a musical hero from the '30s, who knows? ).

As an aside, technically, the feds will challenge it first in District Court somewhere in Colorado.
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Old 11-11-2012, 10:34 AM   #32 (permalink)
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Re: Amendment 64 Passes: Colorado Legalizes Marijuana For Recreational Use

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yea huh!
I apologize that the law is getting in the way of your emotional argument.
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Old 11-11-2012, 10:56 AM   #33 (permalink)
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Re: Amendment 64 Passes: Colorado Legalizes Marijuana For Recreational Use

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Originally Posted by Ron View Post
Uh, no, it's not.

Tetrahydrocannabinols (THC) is a Schedule I controlled substance that (a) has a high potential for abuse, (b) has no currently accepted medical use in treatment in the United States, and (c) there is a lack of accepted safety for use of the drug or other substance under medical supervision. 21 USC § 812

The Supremacy Clause of the U.S. Constitution (Article VI, Clause 2) states quite clearly that "[t]his 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, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."
The placement as a schedule 1 is a major issue right now. Odds are that will change - the fact that the government hasn't shut down medicinal use in other states is enough proof of that. THC is clearly less deserving of placement on that list that Tobacco/Nicotine. It'll be removed soon enough, or else it wouldn't be allowed medicinally as it is.
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Old 11-11-2012, 11:12 AM   #34 (permalink)
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Re: Amendment 64 Passes: Colorado Legalizes Marijuana For Recreational Use

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Originally Posted by ChrisWoj View Post
The placement as a schedule 1 is a major issue right now. Odds are that will change - the fact that the government hasn't shut down medicinal use in other states is enough proof of that. THC is clearly less deserving of placement on that list that Tobacco/Nicotine. It'll be removed soon enough, or else it wouldn't be allowed medicinally as it is.
I usually ask for citations when someone makes a claim like this, but I went ahead and dug one up for you anyway, in Wikipedia.

Removal of cannabis from Schedule I of the Controlled Substances Act

The problem is that there is no movement in Congress to enact any rescheduling of THC. When you say "odds are that will change" that is pure speculation. Congress will not act, just as the president will not act because it is too politically a losing proposition (as I detailed above).

The "fact that the government hasn't shut down medicinal use in other states" is simply not a true statement. Obama did initially tell the DEA to stop making this a priority, but has backed off of that position in the last two years and they are continuing to work with local law enforcement (at least here in Los Angeles) shutting the dispensaries down. (And yes, given my prior position as a FLEO and my continuing connections, I do know this as a fact.)
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Old 11-11-2012, 11:14 AM   #35 (permalink)
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Re: Amendment 64 Passes: Colorado Legalizes Marijuana For Recreational Use

Your link is broken Ron.

The rescheduling of THC I don't see in the immediate future, but it's only a matter of time.
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Old 11-11-2012, 11:26 AM   #36 (permalink)
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Re: Amendment 64 Passes: Colorado Legalizes Marijuana For Recreational Use

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Originally Posted by Ron View Post
I usually ask for citations when someone makes a claim like this, but I went ahead and dug one up for you anyway, in Wikipedia.

Removal of cannabis from Schedule I of the Controlled Substances Act

The problem is that there is no movement in Congress to enact any rescheduling of THC. When you say "odds are that will change" that is pure speculation. Congress will not act, just as the president will not act because it is too politically a losing proposition (as I detailed above).

The "fact that the government hasn't shut down medicinal use in other states" is simply not a true statement. Obama did initially tell the DEA to stop making this a priority, but has backed off of that position in the last two years and they are continuing to work with local law enforcement (at least here in Los Angeles) shutting the dispensaries down. (And yes, given my prior position as a FLEO and my continuing connections, I do know this as a fact.)
How hard are they actually working on this? I've visited CO, I've lived in California, my parents are on the OH/MI border so I've been all over MI... The dispensaries operate with absolutely ZERO fear of repercussions. I haven't heard a single dispensary owner, and I've spoken with plenty trust me, list that as anywhere on his/her list of worries.
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Old 11-11-2012, 11:35 AM   #37 (permalink)
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Re: Amendment 64 Passes: Colorado Legalizes Marijuana For Recreational Use

Oh, and as for where I was in California - I was in the San Bernardino area, never heard any fears of that in the places I frequented.
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Old 11-11-2012, 02:22 PM   #38 (permalink)
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Re: Amendment 64 Passes: Colorado Legalizes Marijuana For Recreational Use

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Originally Posted by Hibachi! View Post
Obviously I have never personally had an issue. But that doesn't mean others haven't. And it's more "We went into your house for x reason, and even though we didn't find what we were looking for we did find this bag of marijuana."
IMO if that happens, maybe you should've kept the music down.
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Old 11-11-2012, 02:33 PM   #39 (permalink)
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Re: Amendment 64 Passes: Colorado Legalizes Marijuana For Recreational Use

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I apologize that the law is getting in the way of your emotional argument.
..... It's the end of marijuana laws at the federal level. There is medical evidence, enough that physicians will prescribe it. That alone should get it moved to schedule 2, which was As far as I envisioned this hippie marijuana movement. Colorado legalizing a substance that the Fed has illegalized is a direct states rights challenge to the authority the Fed commerce and trade.

This will be seen by the supreme court and will go in favor of the states.
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Old 11-11-2012, 02:41 PM   #40 (permalink)
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Re: Amendment 64 Passes: Colorado Legalizes Marijuana For Recreational Use

If a president's gonna push for this, it's gonna be in his last 6 months in office. No president wants to be the guy who made hippies happy.
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Old 11-11-2012, 03:25 PM   #41 (permalink)
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Re: Amendment 64 Passes: Colorado Legalizes Marijuana For Recreational Use

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Your link is broken Ron.

The rescheduling of THC I don't see in the immediate future, but it's only a matter of time.
Fixed it.

It's going to be a very long time before members of Congress will even talk about it. That's the political reality of drugs.
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Old 11-11-2012, 03:28 PM   #42 (permalink)
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Re: Amendment 64 Passes: Colorado Legalizes Marijuana For Recreational Use

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How hard are they actually working on this? I've visited CO, I've lived in California, my parents are on the OH/MI border so I've been all over MI... The dispensaries operate with absolutely ZERO fear of repercussions. I haven't heard a single dispensary owner, and I've spoken with plenty trust me, list that as anywhere on his/her list of worries.
I participated in raids on dispensaries when I was an LEO, so there's the other side of it.

Whether they are worried or concerned is not relevant. What is relevant is whether law enforcement will go after them. They certainly have the authority to do so.
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Old 11-11-2012, 03:32 PM   #43 (permalink)
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Re: Amendment 64 Passes: Colorado Legalizes Marijuana For Recreational Use

How's the pot store situation in your towns? In mine they're popping up everywhere. It's a pandemic.

I don't want to see pot stores everywhere. IMO it'd drive down property values over time, which doesn't help a seller.
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Old 11-11-2012, 03:43 PM   #44 (permalink)
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Re: Amendment 64 Passes: Colorado Legalizes Marijuana For Recreational Use

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..... It's the end of marijuana laws at the federal level.
No need to comment on this really, as I have clearly stated above why this will not happen in our lifetimes.

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There is medical evidence, enough that physicians will prescribe it.
Physicians cannot "prescribe" it, since it is a Schedule I controlled substance. What physicians do is they write a "note." It's usually the same hack physicians you see down at Venice Beach or in some seedy neighborhood. When I have been involved in raids and search warrants on dispensaries, I have seen "notes" for anything from "mood swings" to "depression" to "back pain."

The medicinal marijuana law in California (which I voted yes on) was meant for those truly suffering from cancer, glaucoma, and other very serious illnesses. You can see now how the dispensaries have bastardized that law. In addition, dealers are going to the dispensaries and selling the stuff on the sidewalk a block away, causing all kinds of problems for residents of those areas (including ripoffs, shootings, etc.).

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That alone should get it moved to schedule 2, which was As far as I envisioned this hippie marijuana movement.
I doubt it gets rescheduled. The DEA is in charge of scheduling and rescheduling drugs, and I have been in law enforcement at the federal level and worked with the DEA long enough to know they will never give up a cash cow. Politics again.

Quote:
Colorado legalizing a substance that the Fed has illegalized is a direct states rights challenge to the authority the Fed commerce and trade.
Yes, and every time this happens the feds stand up to ensure their authority over the matter, whether its drugs or anything else. Politics is all about power, and no one in politics ever wants to give up power.

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This will be seen by the supreme court and will go in favor of the states.
Really? Give me one citation where the Supreme Court (or any appeals court) has ruled against the Supremacy Clause.
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Old 11-11-2012, 04:18 PM   #45 (permalink)
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Re: Amendment 64 Passes: Colorado Legalizes Marijuana For Recreational Use

It's going to happen within our lifetimes Ron. At the rate that public support for legalization is growing it has become an inevitability. I mean if there gets to be a majority in the nation in favor of support, at that point I don't think we can really expect that it will be such a taboo thing with politicians anymore.
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