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by cbd1984 3831 days ago
> in Washington state, where marijuana's legal.

As long as marijuana is illegal at the Federal level, it isn't legal in any state of the Union.

People can think it's legal. People, even law officers, can act as if it's legal. However, all it takes is one Federal case and all of a sudden the law against it actually matters, and on that day saying it's legal in your state won't amount to diddly squat.

State-level legalization efforts are like straw polls: A way to see which way the hot air is blowing. A way to see what the public as a whole thinks of marijuana laws. They are not, however, as binding as people seem to imagine.

4 comments

These laws are definitely binding on the state and local level, where most drug policing is done. Think low-level possession of small amounts. Which, having been decriminalized, means a marijuana user doesn't have to fear the officers that they are far more likely to interact with.

Still, there is absolutely a need for reform on a federal level, even if it's just a law that provides an exception for states with a legalization regime. Otherwise I think you're mostly right. Prosecutorial discretion is the only thing that prevents the feds from swooping in at any given moment.

>However, all it takes is one Federal case and all of a sudden the law against it actually matters, and on that day saying it's legal in your state won't amount to diddly squat.

1. Are you suggesting that states will start enforcing federal drug laws if a resident in a legal state is brought to court?

2. Are you aware that the DEA has done countless raids in California?

3. Do you think that this particular incident and the concerns it raises is a local law enforcement issue, or do you imagine that the DEA operates by going through people's trash for tea leaves?

Isn't the relevant question whether there are still pot-related SWAT raids in WA, CO, etc?
If such a federal case ever came before a local jury, it seems likely the local jury would refuse to convict because of the local law.