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TopicPolitics Containment Topic 107: Better (Try Harder) Care Reconciliation Act
scarletspeed7
06/30/17 11:17:27 AM
#243:


It mostly boils down to the arguments from Gonzales vs. Raich. That case specifically allowed for the regulation or marijuana under the Commerce Clause justification. Thus, the Supremacy Clause applies when considering regulation of pot; Federal law overrides State law. Pot is still illegal under US Federal Law.

However, states are under no specific obligation to enforce Federal Law with any vigor. State law enforcement does not have to cooperate with the Federal Government to find and prosecute Federal law violations; it can't obstruct the Feds, but neither does it have to put any effort into enforcing said laws. Thus, state law enforcement will generally ignore any use of pot that is legal under state law, and not inform Federal authorities of said violation. However, should it come to the attention of Federal authorities, they have the full right to prosecute under Federal law.
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