I have always felt that the inability to have an imediate test for "under the influence", like alcohol, is one of the biggest factors in not legalizing pot.

 

I personally feel this falls under states rights.

 

I also believe this is a loaded question. You can't have your cake and eat it too.

 

I see no difference between this and abortion, immigration, concealed carry, etc. They are all states rights. Our constitution was set up to allow for differences in the population and allow us to move freely about the country to an area that most represents our beliefs, so long as the states don't infringe upon the rights defined in the constitution.

 

 

But your brownies - that's another story.

Legalize it, tax the heck out of it, and watch the deficit shrink. Treat it much like alcohol with respect to driving under the influence, use of firearms while under the influence, etc.

 

I agree with this but how is it going to work? Are people just going to open up weed shops like McDonalds? Isn't it still going to be a federal law that will be policed?

Californian's are on the cusp of legalizing marijuana in their state. While the polls are within the margin of error, if they do vote to legalize it next week it raises a lot of interesting issues. I think it could make for a good debate here.

 

First, those who most often promote states' rights are those who are most opposed to legalizing marijuana, among other things. Conversely, those who often find federal power most useful and necessary are those most likely to favor legalizing marijuana. How is this tension resolved? (Sorry libertarians, I left you out of my little riddle since you're more consistent, but I hope to hear your insights as well.)

I think what happens is you will find people on both sides that you present who ultimately will realize that marijuana isn't the issue some would have you believe it is. I have personally never been to California, but from several friends I know who have visited or live out there, it's practically legal right now anyways. I think the period of de facto legalization has caused many people that would have reservations to lighten up on their stances as they have seen the world does not actually collapse with legal marijuana. Now, there are definitely some on the states rights side who will continue to hold their stance that marijuana is the devil, but those same people probably watch Reefer Madness for it's educational values. How they deal with those philisophical contradictions is beyond me as those views are far apart from mine.

 

 

Second, how is this going to play out in practice? Eric Holder has already said federal drug laws will be vigorously enforced, despite the Obama administration's rather lackadaisical position on enforcing marijuana laws up to this point. Several sheriffs in California have said they will still treat marijuana as a criminal issue even if it is legalized. What's going to happen? Could we see a big Supreme Court case over this, or is this already settled? If this passes, will it be like the first domino tripping the rest as other states subsequently opt for legalization or decriminalization?

I think the same cycle that happened with medicinal marijuana will happen if marijuana is legalized for recreational uses as well. You will definitely see some sheriffs and possibly even federal guys grandstanding and making some busts that will have large media impact, but honestly won't mean jack in the grand scheme of things. Once the domino falls in Cali I would almost guarantee that other states will be quick to follow. Unfortunately, like most things, KY will be FAR, FAR, FAR behind in any progressive movement. I would not be surprised to see a Supreme Court case happen and if any open seats on the SC are looming (I haven't followed closely enough to know) it could potentially sway my vote on the POTUS. I think the War on Drugs is the biggest waste of money this country has not only because of the money we spend fighting it, but also the money that we lose by not legalizing at the very least marijuana.

I agree with this but how is it going to work? Are people just going to open up weed shops like McDonalds? Isn't it still going to be a federal law that will be policed?

Actually, Taco Bell will probably realize that 95% of their "late night menu" customers are stoned anyways and probably start selling.

 

In all seriousness, you'll probably have some kind of "smoke cafes" open up where people can smoke there or buy and take home to smoke. I'm sure there will be "open joint" laws or something of that nature...but I haven't researched enough to know, as thinking this will come to KY in the next 5 years is a pipe dream.

Actually, Taco Bell will probably realize that 95% of their "late night menu" customers are stoned anyways and probably start selling.

 

In all seriousness, you'll probably have some kind of "smoke cafes" open up where people can smoke there or buy and take home to smoke. I'm sure there will be "open joint" laws or something of that nature...but I haven't researched enough to know, as thinking this will come to KY in the next 5 years is a pipe dream.

Pun intended?

Pun intended?

:sssh:

It seems one of the cons that keeps coming up is how do you test for driver while high. How do the police handle it now?

It seems one of the cons that keeps coming up is how do you test for driver while high. How do the police handle it now?

I may be wrong on this, but I think there are tests now that can determine how long since a person has smoked. Also, currently I know that you can get a DUI for being under the influence of marijuana or other drugs. Not sure how they determine that other than failing a field sobreity test, but I do know of people who have gotten ones for pot.

It seems one of the cons that keeps coming up is how do you test for driver while high. How do the police handle it now?

 

I think now they give the standard field sobriety tests which currenty suffice to convict people who are driving under the influence of drugs.

Here was my brother's proposal. The plan is not perfect, but I think it's a good start.

 

Make everyone register to buy marijuana. You'd go to a specialty store which was licensed to sell marijuana (much like a liquor license). If you go to the store to buy a joint, they'll swipe your driver's license & it'll show that you purchased marijuana. That way, if you're driving and are pulled over, the officer could run your license & see that you are registered (or had just purchased) some pot. That could also help prevent underage purchases.

Here was my brother's proposal. The plan is not perfect, but I think it's a good start.

 

Make everyone register to buy marijuana. You'd go to a specialty store which was licensed to sell marijuana (much like a liquor license). If you go to the store to buy a joint, they'll swipe your driver's license & it'll show that you purchased marijuana. That way, if you're driving and are pulled over, the officer could run your license & see that you are registered (or had just purchased) some pot. That could also help prevent underage purchases.

Couldn't they just simply card people to prevent underage purchases?

Couldn't they just simply card people to prevent underage purchases?

 

Yes, they could. But after the purchase, how could a police officer detect if the marijuana was purchased legally? Would it even matter?

 

Like I said, his idea was not perfect, but I think it's a start. Also, some people are so anti-marijuana (for various reasons) that I think the rules will have to appear very strict initially.

How is the Government going to make tax money on this when its something that can get you in trouble with a police officer if you have it?

How is the Government going to make tax money on this when its something that can get you in trouble with a police officer if you have it?

 

What? It'd be treated similarly to alcohol. If you're underage, you can be punished. If you're operating a motor vehicle under the influence, you can be punished.

 

I don't know what happens if you smoke so much that you pass out on a park bench. Not sure that you would get a PI. :lol:

Says alot about the situation this country is in when we look to gambling and drugs as solutions to our economic woes.