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View Full Version : how can this be used for guns?.. State Medical Marijuana Laws Not Preempted by Federa



Ring
12-05-08, 11:53
U.S. Supreme Court: State Medical Marijuana Laws Not Preempted by Federal Law


Washington, DC -- The U.S. Supreme Court refused to review a landmark decision today in which California state courts found that its medical marijuana law was not preempted by federal law. The state appellate court decision from November 28, 2007, ruled that "it is not the job of the local police to enforce the federal drug laws."

-snip-

"It's now settled that state law enforcement officers cannot arrest medical marijuana patients or seize their medicine simply because they prefer the contrary federal law," said Joe Elford, Chief Counsel with Americans for Safe Access (ASA)


http://www.safeaccessnow.org/article.php?id=5614



but acording to the .gov, under the "comerce clause", they can regulate ANYTHING they wish... like guns

Nathan_Bell
12-05-08, 11:58
IANAL; but I would think this would actually be used by states and localities that have stiffer gun control laws than the feds to try and push back against Heller

ra2bach
12-05-08, 12:03
IANAL; but I would think this would actually be used by states and localities that have stiffer gun control laws than the feds to try and push back against Heller

my fear as well. not that it would EVER be used the other way around, heaven forfend!

I'm all in favor of state's rights but it seems like a Constitutional Right should not be abridged, regardless of what crazies happen to populate the state house of the city, state, county where you live. but I've been told before that I'm unreasonable...