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Old 07-21-2010, 03:19 PM   #38
WildBillyT
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Quote:
Originally Posted by NastyEllEssWon View Post
another example would be the recent recognition of state marijuana laws trumping federal
They aren't. Before I opened my fat mouth I thought of the MJ stuff and a few other examples.

It looks that way but states don't have that power. I think there are some type of details that make it possible, like enforcement varies from state to state (similar to the Texas home protection laws that make it OK to kill a criminal invading your home vs. other states where that is murder). Or like how Oxycodone is a Class II drug (vs THC @ Class I) but it remains legal in certain cases. I'm guessing it's not the drug itself that's illegal, it's the way it is being used or possessed (based on the CSA of 1970). So basically it's not MJ or Oxycodone that's illegal, it's that it's a controlled substance and using it in a fashion other than indicated by the fed gov is illegal. States put their own laws on top of that, and Cali relaxed theirs.

Maybe a lawyer on here can set me straight.
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