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Marijuana or Alcohol
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Jan 5, 2018 14:56:08   #
clint f. Loc: Priest Lake Idaho, Spokane Wa
 
Interstate commerce is only periferaly involved. Federal law trumps state law always. DEA has jurisdiction over the controlled and scheduled drugs. FDA is concerned with purity, efficacy and potential harm to consumers. Also, there are many crimes that affect several states simultaneously that don’t result in Federal jurisdictions such as conspiracy, leading organized crime, eluding the police in a car chase that continues into another state, custodial interference....you get the picture. There are Federal crimes that mirror State crimes in many instances but that does not confer exclusive Federal jurisdiction. All crimes committed on Indian reservations, national parks, military installations have exclusive Federal jurisdiction.

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Jan 5, 2018 15:00:26   #
clint f. Loc: Priest Lake Idaho, Spokane Wa
 
Stephan G wrote:
Generally speaking, i.e, I am not a lawyer, anything that is within a state's border that does not affect trans border traffic is within the state's jurisdiction. The moment it is moved across the state's border, it falls under federal jurisdiction. An example, restraining someone against their will is not necessarily kidnapping. The moment that the two of you step over that state line, it graduates to the federal crime of kidnapping, getting the FBI involved. And the same was decided regarding POT laws. However, the grey areas are being looked at and this is were it does get dicey. Drugs are under FDA aegis because the Public Welfare is a countrywide responsibility on the Fed. Now, is POT a drug or not? If it is not a drug, then it is up to the states to legislate. But how do you keep POT from crossing the state lines? Stay tuned and keep your hookahs filled.

The term to study for the pop quiz is "Recipricocity".
Generally speaking, i.e, I am not a lawyer, anythi... (show quote)

Sorry, my rant above was intended as a reply to this post. Clint F

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Jan 5, 2018 15:06:51   #
sct198 Loc: West of Nathrop, Co
 
nimbushopper wrote:
The problem to society with pot is that there is no field test(like a breathalizer for alcohol) to determine whether a driver is impaired and shouldn't be on the road. Only a blood test can do that so the driver would have to be arrested first.


That's not true. I live in Colorado and they developed a machine (similar to a breathalyzer) that you blow into, tells them immediately if you are high. The taxes collected are astounding and some of it has been put to good use.

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Jan 5, 2018 15:20:11   #
clint f. Loc: Priest Lake Idaho, Spokane Wa
 
sct198 wrote:
That's not true. I live in Colorado and they developed a machine (similar to a breathalyzer) that you blow into, tells them immediately if you are high. The taxes collected are astounding and some of it has been put to good use.


What is this machine. Do you know who produces it? Any links? I was unaware of this device and hate to be caught flat footed in this area. Thanks

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Jan 5, 2018 15:27:40   #
russchristopher
 
I am a physician who consults in emergency departments in multiple hospitals in California. Among the chemicals that people ingest that results in the need for emergency intervention, marijuana alone has never been a culprit (barring accidental ingestion by children). Alcohol remains the biggest problem in numbers, resulting in auto (and other) accidents and injuries, violence toward others and self, and a host of long term physical and mental damage. The next is methamphetamine that makes people violent and irrational with lots of police intervention required. Third is opiates and heroin, which unfortunately frequently leads to people leaving the ER in a hearse. I do not recommend marijuana use for getting high, unless you eat a brownie for desert and stay home for the evening. I believe federal reclassification could lead to more enlightening research into what medical benefits might derive from the various chemical components.

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Jan 5, 2018 15:43:53   #
Stephan G
 
charles tabb wrote:
Breathalyzers are not admissible in court.
But how about the "Field Sobriety" tests?
These are admissible in court.
My question is: If someone is sky high on Pot would it show up in that kind of test?


The standard field sobriety tests will indicate as to whether further testing may be required. Oddly, the walking the line or toe to heel will be great starters.

Lack of focus and lack of coherency in answering easy questions. Getting them to laugh.

And having a couple of non-related witnesses willing to go to court helps.

"Driving under the influence" covers a broad range of sins. This is broader in scope than "Driving while intoxicated".

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Jan 5, 2018 15:49:33   #
Stephan G
 
clint f. wrote:
Sorry, my rant above was intended as a reply to this post. Clint F



You are forgiven....



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Jan 5, 2018 16:00:27   #
Vladimir200 Loc: Beaumont, Ca.
 
jerryc41 wrote:
I'm amazed at the negative comments about the legalization of marijuana in California. Abuse of alcohol causes violence and traffic deaths, yet it has no benefits. People who drive while high can also cause traffic deaths, but pot has proven medical benefits. Consider the millions of dollars wasted by law enforcement pursuing pot users. Among of the supporters of pot laws is the for-profit prison industry and the politicians who support it. It's to the benefit of both of them to get as many people as possible into prison, so decliminalizing pot is going to hurt them financially.
I'm amazed at the negative comments about the lega... (show quote)


Good comments, Jerry. I agree.

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Jan 5, 2018 16:31:10   #
rocket111
 
I don't smoke pot. But I can't help but wonder if they are to release all the folks in jail for pot convictions. It only seems fair. Do companies still fire you for dirty pee tests. Will states ban super pot. How many joints can you smoke before considered impaired. Is hash considered pot. Will states import pot from abroad. The federal government says pot still illegal. How do you pay taxes on a illegal business. What about folks that transport pot from legal states to illegal states. Will this lead to more people arrested.
Just some thoughts ! 😎

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Jan 5, 2018 16:49:54   #
coyotecall Loc: New Mexico
 
I'll just respond to two of these questions, yes a "dirty pee test" can get you fired or not considered for a job. & as to how many joints can you smoke before you are "impaired"....depends on how strong the pot is and these days it is quite strong and it's not a question of how many "joints" but rather how many "puffs". (One or two might well do the "job") and "impaired" is open to question.....quite a few "puffs" can simply make you so sleepy you won't get up off the couch let alone drive anywhere.
rocket111 wrote:
I don't smoke pot. But I can't help but wonder if they are to release all the folks in jail for pot convictions. It only seems fair. Do companies still fire you for dirty pee tests. Will states ban super pot. How many joints can you smoke before considered impaired. Is hash considered pot. Will states import pot from abroad. The federal government says pot still illegal. How do you pay taxes on a illegal business. What about folks that transport pot from legal states to illegal states. Will this lead to more people arrested.
Just some thoughts ! 😎
I don't smoke pot. But I can't help but wonder if ... (show quote)

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Jan 5, 2018 17:12:40   #
Paladin48 Loc: Orlando
 
True enough. "Figures never lie ... only liars figure"

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Jan 5, 2018 17:26:54   #
clint f. Loc: Priest Lake Idaho, Spokane Wa
 
rocket111 wrote:
I don't smoke pot. But I can't help but wonder if they are to release all the folks in jail for pot convictions. It only seems fair. Do companies still fire you for dirty pee tests. Will states ban super pot. How many joints can you smoke before considered impaired. Is hash considered pot. Will states import pot from abroad. The federal government says pot still illegal. How do you pay taxes on a illegal business. What about folks that transport pot from legal states to illegal states. Will this lead to more people arrested.
Just some thoughts ! 😎
I don't smoke pot. But I can't help but wonder if ... (show quote)


I can answer a couple. If they released everybody held in jail for simple possession you probably couldn't field a soccer team. In many if not most states possession under a certain amount is a civil infraction, just like a speeding ticket. Ever been in jail for speeding?
The employer sets the standards for the workplace as does labor and industries and in a sense, the insurance companies because they will not insure some businesses unless they do drug testing and have a zero tolerance policy.
Potency is not an issue, the packaging usually indicates the strength. It is all super pot compared to the 60's and 70's.
Paying taxes is not excused if the gain is unlawful, just ask Al Capone, he was imprisoned for tax evasion not killing people.
If it is illegal in your state it matters not where you bought it. More people might get tickets.

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Jan 5, 2018 17:29:17   #
pendennis
 
As things stand now, marijuana is a cash business. It doesn't make any difference whether it's for recreational or medicinal. It's a crime for any federally chartered bank to do business with anyone involved in a Federal crime. To boot, banks can't processes credit card transactions from illegal sources. Until Congress revises the banking laws, the DOJ can prosecute under aegis of the anti-drug laws passed in the 1980's. As long as 41 senators decide that MJ will be illegal Federally, it will remain so. Do banks do business with marijuana sellers, etc.? Probably, but if I were a banker, I wouldn't risk my Federal charter for the sake of a few dollars in deposits. Mike Tyson can grow all he wants, but if I owned a bank, he would still wouldn't be my customer.

The businesses are cash rich, with no where to legally park the cash. No banker wants to risk his freedom to abet a Federal crime. The fact that crime doesn't increase in those areas as a result of marijuana dispensaries, doesn't mean that crime goes down. If a thief is looking for cash, with a bit of high on the side, why not rob a dispensary? And they do it nearly weekly in Detroit where there are large concentrations of medical pot dispensaries. Those crimes are folded in with the rest of the crime statistics.

And even if its legalized, pot users can still be fired and denied employment if found with pot in their system. No employers in their right minds would allow a pot user to work in industries where the end product is involved in aviation and automotive. The amounts in potential liabilities are untold. Since there are no definitive standards, such as there are for alcohol, it will be subjective as to how liability is determined.

And, lest we believe that growing all this pot domestically will be a panacea, and that peace and love will prevail, no one has yet mentioned what the drug people will do moving pot and other hard drugs through Mexico. They make billions of dollars smuggling to the U.S. I doubt that they'll just fold their tents and stay south of the Rio Grande.

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Jan 5, 2018 19:23:41   #
sirlensalot Loc: Arizona
 
jerryc41 wrote:
I'm amazed at the negative comments about the legalization of marijuana in California. Abuse of alcohol causes violence and traffic deaths, yet it has no benefits. People who drive while high can also cause traffic deaths, but pot has proven medical benefits. Consider the millions of dollars wasted by law enforcement pursuing pot users. Among of the supporters of pot laws is the for-profit prison industry and the politicians who support it. It's to the benefit of both of them to get as many people as possible into prison, so decliminalizing pot is going to hurt them financially.
I'm amazed at the negative comments about the lega... (show quote)



Apple to orange comparison or not? Both have redeeming values and destructive values depending on use. Hell, our own congress can be labeled as enablers for the opioid problem. Not saying you are wrong, but this is as much about abuse and dependency as it is about the actual product. I agree that there are elements of both that have medical use. I am not sure the product is the problem. Maybe the users are the issue.

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Jan 5, 2018 20:21:52   #
cytafex Loc: Clarksburg MA
 
jerryc41 wrote:
I'm amazed at the negative comments about the legalization of marijuana in California. Abuse of alcohol causes violence and traffic deaths, yet it has no benefits. People who drive while high can also cause traffic deaths, but pot has proven medical benefits. Consider the millions of dollars wasted by law enforcement pursuing pot users. Among of the supporters of pot laws is the for-profit prison industry and the politicians who support it. It's to the benefit of both of them to get as many people as possible into prison, so decliminalizing pot is going to hurt them financially.
I'm amazed at the negative comments about the lega... (show quote)


Marijuana has been very helpful to me with helping get through chemo therapy!

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