Is that good? I’m not sure. It depends on his reasoning.
Federal law says this is illegal. A blanket decision to ignore a federal law makes you wonder what other federal laws he would ignore tomorrow if the whim struck him.
On the other hand, if he told us that he’s ignoring this federal law because there is no Constitutional authority for it, and therefore “it is not law”, then he’d be on solid ground and I’m all in favor. Has he done this?
This is all very familiar. In Holland the first approach was followed for a long time (still may be, I’m not sure). They call it “toleration”. As in “we have a policy to tolerate retail sales of marijuana”. The law didn’t permit that, but the government could do such things and get away with it. To make it complicated, they didn’t “tolerate” wholesale, so marijuana shops were permitted to sell the product but they weren’t permitted to get it wholesale to tell it. Go figure.
The trouble is that if rules like this are made up without authority, no one has any way to tell what the law actually is — what actually is enforced — because there isn’t any basis on which this is decided. Today’s political whim is all that matters. And this is not the way to run a “nation of laws”.
January 21st, 2019 at 8:46 pm
Is that good? I’m not sure. It depends on his reasoning.
Federal law says this is illegal. A blanket decision to ignore a federal law makes you wonder what other federal laws he would ignore tomorrow if the whim struck him.
On the other hand, if he told us that he’s ignoring this federal law because there is no Constitutional authority for it, and therefore “it is not law”, then he’d be on solid ground and I’m all in favor. Has he done this?
This is all very familiar. In Holland the first approach was followed for a long time (still may be, I’m not sure). They call it “toleration”. As in “we have a policy to tolerate retail sales of marijuana”. The law didn’t permit that, but the government could do such things and get away with it. To make it complicated, they didn’t “tolerate” wholesale, so marijuana shops were permitted to sell the product but they weren’t permitted to get it wholesale to tell it. Go figure.
The trouble is that if rules like this are made up without authority, no one has any way to tell what the law actually is — what actually is enforced — because there isn’t any basis on which this is decided. Today’s political whim is all that matters. And this is not the way to run a “nation of laws”.
January 21st, 2019 at 8:47 pm
instead of relying on an AG candidate’s claims or policies, and being very sorry later, why not just remove cannabis from the CSA and be done with it?
oh, forgot. That’s what Congress is for.
January 22nd, 2019 at 2:28 am
I sent a tweet to Trump to rescind his nomination of Barr. He is not a friend of 2A.