Is it State's rights or a violation of Federal law!
A recent editorial appearing in the
Contra Costa Times contends that, because Gov. Jerry Brown has signed tough medical
marijuana laws, the federal prosecutors are wasting precious tax dollars on
"pot" enforcement. Can we conclude,
based on this reasoning, that California Law should take precedent over Federal
Law?
I find this commentary fascinating
since the possession and/or sale of marijuana is in violation of federal law;
never-the-less, California has made it legal to acquire, (after obtaining a
prescription from a medical doctor), a medical version of this illegal
drug. Promoters of medical pot encourage
local communities to join in these illicit sales in order to collect additional
sales tax revenue.
One wonders what happened to the
notion that the sale of prescription drugs should be handled through a local
pharmacy by licensed personnel? The
local drug store dispenses some seriously powerful drugs and falls within the
boundaries of the law; moreover, prescription drugs from a pharmacy are exempt
from sales tax.
The Tenth Amendment to
the Constitution states: "Powers not
delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States
respectively, or to the people."
Does California have the right to
ignore Federal Law on the assumption that somehow, the Tenth Amendment is no
longer relevant or somehow flawed?
But there was another time when the
law was largely ignored. The Eighteenth
Amendment was put on the books Jan 29, 1919, which prohibited the sale of
alcoholic beverages. The Infamous
prohibition era followed in which various bootleggers and criminal elements
provided illicit liquor to willing customers without benefit of tax revenue or
quality control. Speakeasies sprang up
where sales of liquor became common knowledge.
Even so, no State had the nerve or audacity to pass legislation
challenging federal law to allow the sale of liquor.
Most people are aware that Colorado
and Washington states have legalized the sale of Pot for recreational use which
is clearly in violation of federal law.
I find this trend troubling. This
country has always been a nation of laws.
It would seem a unified nation would recognize and honor the law of the
land because, to do otherwise, can only lead to chaos. A mere glance at the "Tribal" and splintered
societies of the Middle East is an example of why a democracy cannot work unless
each state (or tribe) is willing to honor a national law.
It should be noted the 18th
Amendment was repealed December 5, 1933 because it was deemed
unenforceable. Accordingly, it would
appear logical to repeal the federal marijuana law thus making it legal for
local governments to license pot sales.