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by Evidlo 1771 days ago
Why not leave this to the states to decide?
5 comments

Marijuana shops can’t access banking, customers and businesses are still in theory breaking federal laws
That's what this does:

> States will control the possession, production, or distribution of cannabis, the draft says, while shipping marijuana into states that have not legalized it will be prohibited.

As opposed to the status quo where in principle the federal government could decide to prosecute... shall we say "marijuana market participants"? in states where it is legal.

Well, not quite, since it still comes with a bunch of federal restrictions like that 10 oz limit. Letting the states decide would mean that feds get out of the game entirely on this.
That's fair; if the intent of the parent comment was that this doesn't go far enough, then I don't think I disagree (and certainly not for this reason).
This would enable that. Right now, in states that have legalized, retailers and users are still in contravention of federal law.
Just a guess, but I'd assume this is a step in that direction?

One somewhat related item -- the federal prohibition of alcohol (Amendment 18) and its repeal (Amendment 21) -- stems from the commerce clause, which enumerates the powers held by the Federal legislative branch: including the regulation of intrastate and interstate commerce. IANAL or a constitutional scholar, so grains of salt.

Fun fact: though the 21st amendment came into being in 1933, Mississippi was one of the last states to repeal a state-wide dry law in 1966. [0]

[0] https://www.mdah.ms.gov/timeline/zone/1966/

12 states have completely legalized recreational cannabis use (like alcohol - 21yrs and over), and 36 for medical use, so they have been.