What will the Feds do if P19 passes?

**desert dude** · 10-30-2010, 12:25 PM

If P19 passes, it will amend the CA constitution. The CA legislature is powerless to revoke it, or amend it in a restrictive fashion.

So, what can the feds do? Many have suggested that "they will withhold federal funds" of one sort or another. I don't see this as a possibility, because it can accomplish exactly nothing because the CA legislature can not bend to the federal will, much as they might like to.

The feds might, probably will, crack down on growers/sellers via the DEA, but that is unsustainable. A DEA crackdown is also politically not viable; can you imagine the "image" problem a Democrat president will have if he uses federal power to punish CA citizens because of the way they voted?

The feds probably will try to thwart P19 in the courts by trying to exert the supremacy clause of the US constitution, but that won't fly; there is nothing in the US constitution that prohibits Cannabis. There is nothing in the US constitution that says that the states must enforce federal law. There is nothing in the US constitution that forces the state to ban everything the federal government bans.

I imagine there will be some chest thumping by the feds and then things will settle down to normal.

The feds hands are completely tied if P19 passes.

**potroast** · 10-30-2010, 02:20 PM

Nicely said. Thanks for that.

I heard Judge Jim Gray speak last week, and he said the same thing, that the fed won't do anything about it. Congratulations, you are in good company!

**desert dude** · 10-30-2010, 02:47 PM

Originally Posted by potroast

Nicely said. Thanks for that.

I heard Judge Jim Gray speak last week, and he said the same thing, that the fed won't do anything about it. Congratulations, you are in good company!

The company of Jim Gray is indeed good company. Good to hear that his conclusion is the same as mine.

**veggiegardener** · 10-30-2010, 07:22 PM

Originally Posted by potroast

Nicely said. Thanks for that.

I heard Judge Jim Gray speak last week, and he said the same thing, that the fed won't do anything about it. Congratulations, you are in good company!

I would have liked to ask the judge about my reservations. I've had some lengthy conversations with him, in the past, and trust his opinion.

**desert dude** · 10-30-2010, 08:25 PM

Originally Posted by veggiegardener

I would have liked to ask the judge about my reservations. I've had some lengthy conversations with him, in the past, and trust his opinion.

OK, you want to hear it from Jim Gray himself. Here you go:

"Regarding the cities not being able to set up their own systems, that really is a non-issue – they do it all of the time. And besides, one of the beauties of Prop. 19 is that it will still be illegal to sell marijuana within a city’s borders (except under Prop. 215 for medical marijuana) unless that particular city expressly opts in to the program. In reality what will happen is that the cities will learn from each other. So if one city tries something that is successful, others will tend to use that system, and the opposite is also true."

http://www.britannica.com/blogs/2010...roposition-19/