What would happen if everyone over 18 could buy marijuana at any time without fear of legal repercussions? The outcome is impossible to predict. But legislatures cannot accurately address the debate on marijuana legalization without at least some answer to that question.
I do not have a clear opinion on the legalization of marijuana because I do not know the implications of such a policy. However, I do support experimentation using the law. Why not make a single state a laboratory for the legalization of marijuana so that legislatures across the country can make a more informed decision?
That is exactly what California may succeed in doing if Proposition 19, which mandates the legalization of marijuana, passes in the coming weeks. Fourteen states, including California, have legalized medical marijuana. However, this limited legalization requires users of marijuana to obtain a doctor's note and, in many cases, cross multiple obstacles to receive the drug. In addition, federal law enforcement officials still raid marijuana growers and dispensaries located in states that have legalized medical marijuana.
A recent Field Poll revealed that 50 percent of Californians support legalizing marijuana. However, even if it passes, the law may never go into practice. Attorney General Eric Holder recently announced that the federal government would continue to enforce laws that criminalize marijuana, even if Proposition 19 passes. In effect, the U.S. government would assert the Supremacy Clause, which stipulates that federal law voids any state law that is in conflict with it.
Since the legalization of marijuana in California clearly conflicts with federal law, it can be invalidated by the actions of the federal government. Although the Feds cannot force California to criminalize marijuana, they can enforce the criminalization of marijuana itself.
However, just because the federal government has the power to assert the Supremacy Clause doesn't mean it should. A federalist government allows the states to serve as laboratories for new laws. Therefore, laws that are successful in a single state will be recognized as such and passed in other states. Conversely, a law passed in a single state that proves ineffective or even harmful will only impact a small portion of the American population.
The passage of Proposition 19 in California could prove to be a disaster, but it could also end years of speculation about whether marijuana legalization would result in increased state revenues and more efficient use of police forces with minimal negative repercussions. If the federal government interferes, those important questions will never be answered.
A city firefighter awaiting trial for growing marijuana plants is a reputed member of a notorious Queens-based gang called "The Master Race," the Daily News has learned. The feds identified Patrick Murray as a member of the group, which is responsible for maintaining "grow houses" throughout Queens for more than a decade, according to court papers unsealed in Brooklyn Federal Court.
New York City is officially and literally going to pot. The evidence is above, thanks to friend of NYC The Blog Bunny Lane, who shared this photo showing a nascent marijuana plant spotted yesterday at 1st Street and 2nd Avenue.
