Pubdate: Wed, 26 Dec 2012
Source: Port Townsend & Jefferson County Leader, The (WA)
Copyright: 2012 Terry Hassell
Contact:  http://ptleader.com/
Details: http://www.mapinc.org/media/5314
Author: Terry Hassell

FEDS CAN'T STOP OUR LEGAL POT

I keep hearing people say our new law to legalize marijuana isn't
going to hold up because federal law always supersedes state laws.
This is just not true.

The Founding Fathers did not allow for a totalitarian central
government. The Constitution separates the powers between the state
and federal governments. Drugs clearly fall under the state
jurisdiction. This is why the Volstead Act in 1919 to prohibit alcohol
needed to be backed up by the 18th Amendment. Everyone realized the
feds did not have authority to override state liquor laws without
changing the Constitution.

Drugs only come under primary federal jurisdiction when they cross a
state line or a national border. Most drugs fall into this category.
However, there is plenty of homegrown pot. So this shouldn't be an
issue.

I do understand the feds usually ignore the Constitution by assuming
they have absolute authority over all state law. I'm just saying they
do not have the legal right to do so.

Don't get me wrong. I'm not in favor of legalized marijuana, as I
voted against it. I'm old enough to have seen it be a big problem for
lots of people. THC isn't like alcohol where it leaves the body in a
matter of hours. It sticks around for the long haul, altering
someone's personality. I believe only fools go through life without
ever making a sober decision.

In spite of my anti-drug bias, I am even more strongly in favor of
upholding the Constitution. This new law is a mistake our state has
the right to make.

TERRY HASSELL

Port Townsend
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