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News (Media Awareness Project) - US CA: Edu: Column: State, Federal Laws Not a Joint Effort
Title:US CA: Edu: Column: State, Federal Laws Not a Joint Effort
Published On:2010-10-29
Source:Daily Trojan (U of Southern CA Edu)
Fetched On:2010-10-30 03:01:48
STATE, FEDERAL LAWS NOT A JOINT EFFORT

On Tuesday, California voters will have the opportunity to legalize
the use of marijuana.

But even if Proposition 19 passes, don't go busting out the bongs and
joints just yet.

The substance is still outlawed by the federal government, and
multiple officials have vowed to enforce federal law as it pertains
to illicit substance abuse, meaning the proposition will still
encounter a significant amount of resistance.

"[Proposition] 19 has no effect on what we're going to do," said Los
Angeles County Sheriff Lee Baca in a news conference. He said that he
and the officers he is in charge of wouldn't change their enforcement
policy on the drug; they will still recognize and enact its
prohibition, according to the Los Angeles Times.

U.S. Attorney Gen. Eric Holder shares the same resolve.

"We will vigorously enforce the [Controlled Substances Act] against
those individuals and organizations that possess, manufacture or
distribute marijuana for recreational use, even if such activities
are permitted under state law," he stated in a letter to former
official at the U.S. Drug Enforcement Administration.

Granted, the policing ability of the federal government is limited by
its manpower, but the commitment of the state and municipalities to
uphold federal law indirectly supplements and fulfills Holder's guarantee.

All of which lends itself to the conclusion that, even if the
proposition is passed, marijuana could remain illegal in California
- -- at least for the time being -- because federal law supersedes state law.

In all fairness, passage of the measure is by no means futile or
meaningless. If nothing else, it's a step in the direction of
nationwide legalization, which many people view as a question of not
"if," but "when."

To borrow a concept from Louis Brandeis, passing Proposition 19 would
set California up as a "laboratory of democracy" -- an instigator of
even more political reform, the theory being that other states will
follow in our footsteps to the point that external pressure forces a
review of federal policy, similar to the repeal of Prohibition.

But even if the passage of Proposition 19 does prompt other states to
follow suit, it will likely be years before they catch up to
California. So far, only 14 states have legalized medical marijuana;
the rest still have to overcome that barrier before they can even
entertain the idea of marijuana being fully legalized.

Many Californians seem to be under the impression that Proposition 19
will grant them immediate and unfettered access to marijuana, but
that simply is not the case.

Supporters of Proposition 19, especially the younger ones, still seem
unaware of that.

Proposition 19 is a milestone to be celebrated by some, but by no
means is it a final destination on either side of the issue. For
those of you who are going to rally to the polls to show your
support, be sure to arrive understanding the whole story.
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