Monday, November 12, 2012

IT’S TIME FOR LEGAL CHALLENGES TO POT LEGALIZATION

The states of Washington and Colorado legalized marijuana for recreational use in defiance of federal law

According to the constitution, federal law supersedes state and local laws. I believe that when Washington and Colorado legalize the use of marijuana in defiance of federal law, they do so in violation of the United States Constitution. The same violation applies to the states that have passed ‘medical’ marijuana laws in the face of federal laws that prohibit the use, possession, manufacture and distribution of pot.

Those who oppose the legalization of marijuana, and those who believe in the sanctity of our constitution, should now go to the federal courts and challenge the constitutionality of state laws legalizing the growing and possession of marijuana, certainly for recreational use if not for medical purposes.

Considering the current conservative makeup of the Supreme Court, if those state laws are challenged, it is likely that the legalization of marijuana by Washington and Colorado will be overturned.

Because it is quite likely that Obama’s Attorney General, whether Eric Holder or his successor, will order the DEA not to enforce federal marijuana laws in Washington and Colorado, other states will be encouraged to follow suite. The only way to prevent that is by challenging the constitutionality of those state laws in the federal courts.

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