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View Diary: Former Head of DEA, DHS defends inability to tell toilet paper from shower curtains. (105 comments)

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  •  It's all posturing (3+ / 0-)
    Recommended by:
    tommymet, marina, Rogneid

    The Controlled Substances Act specifically allows states to enact their own laws related to controlled substances, and if I'm not mistaken, it always has:

    18 U.S.C. § 927 : US Code – Section 927: Effect on State law

    No provision of this chapter shall be construed as indicating an intent on the part of the Congress to occupy the field in which such provision operates to the exclusion of the law of any State on the same subject matter, unless there is a direct and positive conflict between such provision and the law of the State so that the two cannot be reconciled or consistently stand together.

    It is time to #Occupy Media.

    by lunachickie on Wed Mar 06, 2013 at 07:04:39 AM PST

    •  As I read that (3+ / 0-)
      Recommended by:
      marina, Turbonerd, happymisanthropy

      It says-

      This doesn't mean that we're going to prevent states from passing their own laws in addition to ours, unless their law conflicts with ours or creates a confusing situation.
      In other words, puts drug enforcement into the jurisdiction of state cops and law as well as federal.

      Not sure how that's helpful. CO an WA have absolutely created a situation where

      he two cannot be reconciled or consistently stand together.
      •  that's the right reading of the law (1+ / 0-)
        Recommended by:
        happymisanthropy

        In other words: state decides to ban something, and the Feds don't take a position? It's banned in that state.

        Feds decide to ban something, it's banned. Federal law always supercedes state law.

        Reforms come from below. No man with four aces howls for a new deal.
        Keystone XL will raise gas prices!

        by Turbonerd on Wed Mar 06, 2013 at 07:56:10 AM PST

        [ Parent ]

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