Quote:
Originally Posted by CrazyPhuD
Well technically, for the record, use of Marijuana is not regulated therefor it's not a crime. You can **** a prostitute and the act of ****ing one is not illegal. It's the act of possession that's legally codified(and solicitation,etc for hookers).
To be more specific it is not actually clearly illegal for a person who is in a state where Marijuana is legal(in whatever manner). Why? Because even if the feds make it a federal crime that does not mean they have the jurisdiction to actually prosecute it.
It is a federal crime because the feds are using interstate commerce to regulate it. However if you, as an individual, were to grow your own plants and use it solely for personal consumption it would be difficult for the feds to prove there is an interstate commerce component of it and therefor the federal laws would not apply.
For large grow houses and commercial operations proving 'interstate' is much easier. But if you are a solo user and grow your own it will be fairly difficult for the feds to actually be able to charge you. This is because your activities solely reside within your own state and for your own use so there is no interstate jurisdiction.
Obama likes to say he won't go after the home grower for personal use because he's 'being nice' but the simple truth is he likely legally can't and has been told as much.
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Not having the jurisdiction to enforce a law is not the same as it being legal. Traditionally, the interstate commerce clause has been absolutely zero obstacle for the feds. Essentially everything can be argued to be interstate commerce, especially if it's purchased with $$$$$.