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RSS icon Comments on Cops Required to Enforce Federal Drug Laws = Total Bullshit

1

If the feds want my Seattle taxes to go to enforcing laws that I deem not important, they can bring in the federal marshals.

Or the FBI.

But our cops should politely tell the feds they're too busy doing real police work and shove their requests in the circular file.

Posted by Will in Seattle | November 29, 2007 1:18 PM
2

I know there are probably whole books written about this, but what part of the Constitution even empowers the government to regulate drugs that don't cross state lines? I mean, not to be too constructionist about this, but as far as I recall the 10th Amendment stipulates that the Fed can do only those things outlined in the Constitution and that all other powers fall to the states. So... where's the drug enforcement clause?

Posted by Judah | November 29, 2007 1:35 PM
3

It's in there next to the America shall not suffer Kings clause.

Posted by Will in Seattle | November 29, 2007 1:42 PM
4

Amen, Dominic. Don't let the left cave on this one. And Judah, you're half-right--it should be that way. But commerce clause jurisprudence is a total joke and has become selective based on judges' politics. No one really defends it; it just is because it's precedent.

Posted by alas | November 29, 2007 1:43 PM
5

does this mean i can start getting high again?

Posted by max solomon | November 29, 2007 2:17 PM
6

Well, if the cops are going to be fair about it, they should give him an equivalent amount of something they've bagged recently, since two year-old weed isn't really going to have the same "kick" to it.

Posted by COMTE | November 29, 2007 3:15 PM
7

An aside: it's so funny seeing pot smokers get so angry about the enforcement of Federal drug laws.

Not that I don't believe pot should be legalized, because I do. But still, there's a strong hypocrisy fueling the rage.

Posted by Gomez | November 29, 2007 3:38 PM
8

Pot smokers shouldn't go to jail, but they should get a fine. Because marijuana possession is still illegal, like jaywalking is illegal.

Posted by Greg | November 29, 2007 3:52 PM
9

There's no hypocrisy, Gomez. Just a misunderstanding among people like you who support drug law reform, but swallow drug war propaganda and regurgitate it.

The issue isn't the feds enforcing federal drug laws. The thing that ires pot smokers (and non-pot smokers, like, judges) is state law enforcement violating state law and justifying it by citing federal law, even when the case is not in the federal jurisdiction. If those officers were actually enforcing federal law, the arrests would typically be made by federal agents (DEA) and the case would be charged in federal court. But that's only one percent of cases.

And, Greg, not if we decriminalize marijuana. Then it won't be illegal.

Posted by Dominic Holden | November 29, 2007 4:29 PM
10

Hey, I'm all for legalization (moreso than for just decriminalization). The sooner the better. But while cannabis posession remains illegal, people who break the law should still face consequences for doing so. (It is still illegal in Seattle, even if it's the lowest police priority.) In this case those consequences should be getting a ticket and paying a fine.

Maybe it sounds dumb, trying to change the penalty for breaking a crappy law, but I think it's a useful intermediate step to full legalization.

Posted by Greg | November 29, 2007 5:11 PM
11

Your constitutional law is all scewed up.

If the federal law preempts the field, state law can not be contrary.

That's why Alabama can't say scew you feds, we gonna discriminate against Blacks.

You are slipping into States Rights here.

Posted by unPC | November 29, 2007 5:40 PM
12

unPC, the difference is that changing a state's Uniform Controlled Substance law does not present a Constitutional conflict with federal law. Damn right, the states are right.

Posted by Dominic Holden | November 29, 2007 6:17 PM
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@#10:"Maybe it sounds dumb, trying to change the penalty for breaking a crappy law, but I think it's a useful intermediate step to full legalization."

I won't say it sounds dumb, but I disagree. We have a better chance at legalising marijuana if people see the ridiculousness of our current drug laws, i.e., the punishment is way too harsh for the "crime." If we go halfway, (and satisfy most people that don't want to see things like kids being raped in prison over a $20 sack), then it will be that much harder to reach the ultimate goal of legalisation.

Dominic- I can't wait to hear what Tom Carr has to say about this. Could we get him in on this conversation? Never mind, it's so much more fun to watch him turn red when he gets mad.

Posted by Roboti | November 29, 2007 7:37 PM

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