Here's an interesting piece of the Alaska marijuana legal status. We just voted to legalize recreational marijuana use, which includes growing and selling marijuana. I'm happy to see it pass because possession has been legal here for a long time, but sales and distribution has not. That's a murky legal situation, which I'm happy to see cleared up. But last night an article ran in our local paper stating that the Coas…
Alaskans vote to legalize marijuana
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Re: Alaskans vote to legalize marijuana
#182Here's an interesting piece of the Alaska marijuana legal status. We just voted to legalize recreational marijuana use, which includes growing and selling marijuana. I'm happy to see it pass because possession has been legal here for a long time, but sales and distribution has not. That's a murky legal situation, which I'm happy to see cleared up. But last night an article ran in our local paper stating that the Coas…
It just boggles the mind how perversely government logic looks here. So Alaskans say: we are OK with people using marijuana, we see no problem with it. And then the Feds come and say - well, we are still going to arrest and imprison you if you do it, despite the clear will of the people of Alaska, because we can. We know we don't actually change anything as we absolutely can not prevent people of Alaska from using ma…
Re: Alaskans vote to legalize marijuana
#183Earlier quoted context omitted.
The issue at the Federal level is not too long ago the US went around bullying UN nations into signing a unified drug treaty which is in effect for I believe 90 years. The idea was that if all countries agree on banning certain drugs, it can have a more unified effort in eradicating said drugs. It mostly targeted hard drugs, but marijuana is also named in the treaty. It would be very difficult for the US to back out…
That's a very good point - it's the basic reason that Obama can't 'end the drug war with a stroke of his pen' as some people seem to imagine, because treaties ratified by the US have almost constitutional standing in legal terms, and need to be formally derogated rather than legislated away. While the US could certainly do so without suffering meaningful sanctions or major geopolitical harm over the long term, indiff…
In either case, there is zero domestic legal consequence to deciding to ignore the treaty provisions. Technically a decision by the executive branch to violate treaty provisions is a violation of federal law, but there are no consequences. Obviously, if the US decides to violate a treaty agreement there may well be international consequences, including other nations' decisions to back out of the treaty, to refuse to trust the US in other negotiations or treaties, etc. All of that, of course, is exactly the same regardless of whether or not there is a formal process of derogation.
[0] There's a third form of treaty, "sole executive". That form is applicable when the treaty obligations are entirely within the scope of presidential power, such as Status Of Forces Agreements which the president executes in his role as Commander-In-Chief. Those, of course, have no legal standing at all except as lawful orders from the president to his employees.
Re: Alaskans vote to legalize marijuana
#184Earlier quoted context omitted.
That's a very good point - it's the basic reason that Obama can't 'end the drug war with a stroke of his pen' as some people seem to imagine, because treaties ratified by the US have almost constitutional standing in legal terms, and need to be formally derogated rather than legislated away. While the US could certainly do so without suffering meaningful sanctions or major geopolitical harm over the long term, indiff…
Given that the executive branch has prosecutorial discretion and never has been shy of using it when it mattered, I do not believe the "treaties make us do this" argument. Maybe the federal government could not have full de-jure legalize for some technical reasons. But it is completely capable to restrain the zeal of prosecution and reduce both the number of cases and the priority of those to a wide degree. If only t…
Re: Alaskans vote to legalize marijuana
#185Earlier quoted context omitted.
That's a very good point - it's the basic reason that Obama can't 'end the drug war with a stroke of his pen' as some people seem to imagine, because treaties ratified by the US have almost constitutional standing in legal terms, and need to be formally derogated rather than legislated away. While the US could certainly do so without suffering meaningful sanctions or major geopolitical harm over the long term, indiff…
>because treaties ratified by the US have almost constitutional standing in legal terms, and need to be formally derogated rather than legislated away. As a matter of domestic law, that's not the case. Treaties are on the same level as federal legislation and the last in time controls. There are a series of court cases that disfavor implied abrogragation under comity principles, but if a later-in-time statute is in c…
Re: Alaskans vote to legalize marijuana
#186Earlier quoted context omitted.
> I live in Alaska as a high school teacher. It's still illegal unless you're 21 or over, so I'm not really sure why that would make your job as a high school teacher any more difficult.
It is true that small amounts of pot has been legal in Alaska, but my concern is geared towards greater accessibility. Now that it is legal and will be sold commercially it will be much easier for young adults to attain. Usually the youth will steal from their guardians, just like alcohol. I've been teaching 21 years and I can tell when a student has started smoking pot. When a young person begins smoking their grade…
Heck, these kids shouldn't be drinking coffee or caffeinated soda, either.
Re: Alaskans vote to legalize marijuana
#187Earlier quoted context omitted.
Congress makes the laws, the Executive enforces them, SCOTUS determines their Constitutionality. So in fact, one check that the Executive can have on the Legislative is in not enforcing laws.
There is an obligation on the part of the executive to enforce the laws passed by congress. The constitution requires that he "take care that the laws be faithfully executed." Clearly there's some room for prioritization and allocation of scarce resources but he can't just ignore them. The Executive's check on the legislative branch is the veto power.
1 - he must take care that when the laws are executed, they are done so faithfully.
2 - he must execute all the laws, and do so faithfully.
The first of these interpretations does not require that every law be executed.
Re: Alaskans vote to legalize marijuana
#188Earlier quoted context omitted.
There's a lot more money to be made domestically by legalization, when it comes to corporate profits, than there is in prohibition. The beer companies proved that the last time around. If legalization were decided by corporate profits, the war on drugs would have ended a long time ago. Big pharma would love nothing more than to hand out all sorts of prescription drugs over the counter. Big ag farms would love nothing…
'Big pharma' has no interest in marijuana because it's not their business model. Since there is no patent protection the generic manufacturers would squeeze out any profit to be had the medical marijuana market.
Re: Alaskans vote to legalize marijuana
#189Earlier quoted context omitted.
Congress makes the laws, the Executive enforces them, SCOTUS determines their Constitutionality. So in fact, one check that the Executive can have on the Legislative is in not enforcing laws.
There is an obligation on the part of the executive to enforce the laws passed by congress. The constitution requires that he "take care that the laws be faithfully executed." Clearly there's some room for prioritization and allocation of scarce resources but he can't just ignore them. The Executive's check on the legislative branch is the veto power.
The President also has the "power to grant reprieves and pardons for offenses against the United States". Choosing not to enforce something is in fact a weaker exercise of power than pardon, as it preserves the ability of future administrations to prosecute current infractions.
Re: Alaskans vote to legalize marijuana
#190Earlier quoted context omitted.
As a Seattleite I was optimistic things might change at the federal level when Obama appointed Kerlikowski as drug czar, given his experience as police chief in what even in 2009 was a very cannabis friendly city. I guess I was just another sucker for hope and change that never materialized.
The US government is a pretty big boat and takes a while to turn around. You have to have patience and a longer view, but change does happen. In 2012 it was two states. Now it's four. We're getting there.