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.
Julia Vann | Daily Trojan
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.
Reid Roman is a sophomore majoring in industrial and systems engineering. His column, “Bright Side,” runs every other Friday.
I thought the “joint effort” title was clever. Humor never negates the seriousness of an issue. In fact it could be the hook that draws an otherwise non-reader into into a discussion about a serious subject that they might not have engaged without it (humor that is). Maybe the readership should grow up and not the author of this article. Good work Reid…. Keep the humor and thought provoking articles coming!
Okay, can we have a serious discussion about cannabis legalization without busting out the horrible “pothead puns”? “Not a JOINT effort,” “LIGHTS UP new ideas,” please grow up. I’m really tired of treating Prop 19 like some kind of a big joke. Prop 19 deals with, potentially, billions of dollars in tax revenues and is one of the most important laws in terms of expanding civil liberties that we have seen in the US in a long time. In fact, in the past decade, this may be one of the only laws that expands rather than restricts civil liberties (hello, Patriot Act).
I understand that headlines are supposed to grab attention, but if the media (yes, DT, you are part of “the media”) doesn’t treat it seriously, how can we expect the voters to take it seriously. Understand that what you write affects people, so please try to take important subjects like this election seriously. Would you ever have written “LGBT Community Not Gay Over Prop 8”? Get it? Because “gay” means happy as well as homosexual. Funny stuff, right? Oh, wait, no it’s really not.
Lee Baca is an idiot. I will love to see him take someone to state court under federal marijuana charges and get shot down by the judge. Unless, of course, he wants to take someone to a district judge for possessing 1/8 of an ounce of marijuana…and then get shot down by the district judge for wasting everyone’s time.
Prop 19, if it passes, will allow people to smoke in the privacy of their homes without police harassment, and if Lee Baca wants to challenge that he’s going to lose in the California courts, because Prop 19, not federal laws, are what they will enforce.
This law, when passed, will probably go to the Supreme Court, where the justices will decide that Proposition 19 is legal under the commerce clause, because the federal government is not allowed to regulate the use of various drugs within a given state. Therefore, Proposition 19 could spell the legalization of marijuana nationwide.
It will be very interesting if this gets to the Supreme Court because it will force the conservative justices to vote either on principle or on their social beliefs. Thomas will probably vote on principle, Scalia is could vote either way, though. Roberts and Alito are too young to tell. Kennedy…well no one ever knows what Kennedy will do.