Duncan Wallace 
Member since Jul 29, 2011



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Re: “Could New York State Legalize Medical Marijuana?

"The War on Drugs is even less effective than Prohibition. But, Prohibition was repealed in a few years."


Well you flunk History this semester. As a matter of fact, you get an F-. The first State level law against drinking alcohol was passed in Maine in 1851. That was repealed in 1856. The oldest State level prohibition law on the day the National Prohibition Act was adopted was Kansas, which had gone dry in 1881 going so far as to amend their State Constitution. The last State to repeal their drinking alcohol prohibition laws was Mississippi, and that wasn't until 1966.

But it's still correct that the people looked at the mess they'd created with the fantasy that absolute prohibition was possible and admitted that they'd failed, and set out to figure out something that would work. Today those who promote the modern laws of prohibition simply will not admit that they have failed, and failed miserably. It doesn't seem to matter that this proven failure isn't hard to see at all. Still they're determined to make our society endure this failure for decades and decades to come if people don't come to their senses and had the idiots their walking papers.

1 like, 2 dislikes
Posted by Duncan Wallace on 07/29/2011 at 5:40 PM

Re: “Could New York State Legalize Medical Marijuana?

The only responsibility that the State has to a wannabe dispensary operator is to clearly and without any ambiguity make certain that he understands that the State of New York can't protect him from Federal law. It's none of the State's business if someone knowingly decides to take the risk of violating Federal law, and I base that opinion on court cases I've read and SCOTUS rulings dating back to the days of the 18th Amendment.
Hey b0utch, are certain that New York was one of only two States which hadn't criminalized cannabis before the Feds passed the unconstitutional Marihuana Tax Act of 1937? I really am dying to know the name of those two States. You did know that 46 of 48 States had already criminalized it by the time the Feds got around to it, right? California was first in 1913, and ironically there was an exception for medicinal cannabis in that law. But given New York's legislative history vis a vis drinking alcohol prohibition it doesn't seem unreasonable that New York was one of the two. As a matter of fact New York's repeal of all State level prohibition laws in 1921 is why we know how Federal law would interact with State law if the State decides it's not interested in further promotion of the epic failure of public policy which we call the war on (some) drugs.

Gambino v United States of America 275 US 310 (1927). Mr. Gambino was arrested by agents of New York State and turned over to the Feds for prosecution under the National Prohibition Act because NYS had no laws against bootlegging and these particular agents had forgotten who funded their paychecks. Gosh it's pretty cut and dried that the State not only can't be compelled to enforce Federal law. To me it sure seems that the SCOTUS decision in Gambino says they're not welcome to do so even if they volunteer. Mr. Gambino's conviction was vacated because the NYS agents had no reason to detain him, because his actions were legal under State law.

County of San Diego v San Diego NORML (2008) is what helped form my opinion that it's ludicrous to suppose that State employees can be prosecuted for making a list of names, issuing zoning regulations, creating ID cards and other such mundane administrative work as needs to be done for the State to implement this law.

3 likes, 0 dislikes
Posted by Duncan Wallace on 07/29/2011 at 5:31 PM

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