We Saved San Onofre For You and Your Kids

Federal marijuana laws do not trump California's medical marijuana law.

Amendment X

"The 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."

Alcohol Prohibition was an amendment to the United States Constitution, and therefore became the law of the land, superior to any contradictory state law.

But marijuana is nowhere mentioned in the United States Constitution. Therefore, regardless of any federal marijuana laws, the United States Constitution declares and protects the right of any state, or the people of any state, to enact contradictory laws about marijuana. No agencies of the federal government, acting Constitutionally, can arbitrarily claim federal statutes trump state statutes.

If the federal government wishes this ascendancy, it must seek to codify its wishes regarding marijuana within an amendment to the United States Constitution. Until such an amendment is ratified, "The 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." Within the state of California, California's marijuana statute trumps federal marijuana laws, and federal courts charged with preserving and defending the United States Constitution are obligated to note and conform to the Tenth Amendment in such cases.

Sincerely,

Robert Merkin
Northampton, MA

Listen to this post

posted by NeoN @ 9/02/2003 05:52:00 AM