As I'm sure most people here know, we will have a initiative on this year's ballot to legalize personal possession and use for recreational purposes. With a hint of irony, perhaps, it's being fostered as a revenue law, just as the infamous Marihuana Tax Act of 1937 was despite its obvious intent of prohibition. Since recent polls on the issue indicate its likely passage, I'm wondering what the Federal response will be. Since January 2009, the official position has been to keep hands off MMJ dispensaries, although there have been some DEA raids here and there. In any event, there's been a definite change in the wind. Dispensaries, for the most part, can operate without fear of Federal raids, and for MMJ patients it's no more hassle than picking up a prescription at a pharmacy.
But with recreational use legalized, that could change the equation. First off, I'm assuming that it would not be legally possible for any internal state or municipal entity to challenge the law in state court. But could an Orange County police chief, for example, challenge statewide legalization in Federal court? What would be the practical outcome of such an action? Would it lead to a sweeping and total crackdown, or merely something less drastic, like a special master being appointed to ensure that provisions against sale to minors, etc., are being enforced?
But with recreational use legalized, that could change the equation. First off, I'm assuming that it would not be legally possible for any internal state or municipal entity to challenge the law in state court. But could an Orange County police chief, for example, challenge statewide legalization in Federal court? What would be the practical outcome of such an action? Would it lead to a sweeping and total crackdown, or merely something less drastic, like a special master being appointed to ensure that provisions against sale to minors, etc., are being enforced?
