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STOP BY AND BUMP THE FUNDRAISER THREAD
Posted on 06/14/2002 12:15:06 PM PDT by kattracks
Who cares, its not their call.
The State of California is obligated to use the full force of the State police force to protect individuals from harassment and prosecution by federal agencies.
Maybe one day, a Governor with guts will say FU to the feds over one of these issues. I'm not holding my breath, but its a dream.
It's illegal now. That is the great thing about this Republic we live in. The PEOPLE will vote on it.
Majority rules.
What are you talking about? California is obligated to adhere to the Controlled Substance Act of 1970, same as the rest of us. In fact, no new law is required in order to make medical marijuana legal. All that has to happen is a schedule change in accordance with the CSA of 1970. And that is entirely under the jurisdiction of the Executive branch. These people need to talk to Thommy Thompson. If there is a way around Ashcroft, it's him:
Evaluation of drugs and other substances. The Attorney General shall, before initiating proceedings under subsection (a) to control a drug or other substance or to remove a drug or other substance entirely from the schedules, and after gathering the necessary data, request from the Secretary a scientific and medical evaluation, and his recommendations, as to whether such drug or other substance should be so controlled or removed as a controlled substance. In making such evaluation and recommendations, the Secretary shall consider the factors listed in paragraphs (2), (3), (6), (7), and (8) of subsection (c) and any scientific or medical considerations involved in paragraphs (1), (4), and (5) of such subsection. The recommendations of the Secretary shall include recommendations with respect to the appropriate schedule, if any, under which such drug or other substance should be listed. The evaluation and the recommendations of the Secretary shall be made in writing and submitted to the Attorney General within a reasonable time. The recommendations of the Secretary to the Attorney General shall be binding on the Attorney General as to such scientific and medical matters, and if the Secretary recommends that a drug or other substance not be controlled, the Attorney General shall not control the drug or other substance.
Unless you count the Founding Clause of the DofI, and the 9th, 10th, 19th, and 21st Amendments to the BofR.
The fact that an amendment had to be passed in order to prohibit alcohol federally also proves that.
AFAIK none of those were invoked in claiming authority for the CSA or the DEA. Both were enacted/authorized under the Commerce Clause.
Majority Rules
Not in a Constitutional Republic where the feds are BOUND by the constitution.
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