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Holder: Feds will Enforce Marijuana Law Regardless of California vote

October 16, 2010

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By Brian Brawdy | Published: October 16, 2010

Just Say No to Attorney General Eric Holder is the alternate title of this post. Now, in the interest of full disclosure, I am a former police criminal investigator and member of DETF or Drug Enforcement Task Force in New York. Additionally, I have made numerous marijuana arrests and that were successfully prosecuted. That said, I take issue with the Attorney General. Shocker! I know.

According to a report filed by the Associated Press, AG Holder and the Federal government will “vigorously enforce” marijuana laws in the State of California even if Proposition 19 passes at the ballot box in November. In a letter to ex-federal drug agents Mr. Holder promised to “vigorously enforce the CSA (Controlled Substance Act) against those individuals and organizations that possess, manufacture or distribute marijuana for recreational use, even if such activities are permitted under state law…” according to the AP article. (Italics are mine).

Could this be a tipping point for a 10th Amendment showdown?

Leaving aside, for just for this debate the “gateway” claims, the “forbidden fruit” theories or the moral issues behind marijuana use, if you believe there to be any, what has happened to the sovereignty of individual states in our Union of States? Does it feel right, does it feel like a democracy, does it feel anything like liberty when an Attorney General threatens to ignore the will of a local people? Or does it sound like tyranny cloaked under the guise of terrorizing tokers? Is it about the need to handcuff hemp fans or hijacking local laws with which the feds disapprove? Is it curbing cannabis or killing our Constitution?

In his book The Left, The Right and The State, Lew Rockwell asks the following. “But can we make drugs legal at the federal level? There is no constitutional basis for doing otherwise. Nothing in the founding document permits government bureaucrats to control what we smoke, inhale or inject.By letting them attempt to do so, we invite every form of tyranny.” Mr. Rockwell continues, “And no amount of increased power by the feds will do the job. Consider that one of the worst drug problems exists in federal prisons. Prisons can’t keep them out! A free society shouldn’t even try.”

With all the statutes our Attorney General could be enforcing, this is where he wants to draw his line in the sand? This is it? Prosecuting pot smokers, picking a fight with Prop 19  is a priority  for the Justice Department? Is he making a difference or simply marking his territory?

I asked earlier if this “could this be a tipping point for a 10th Amendment showdown?” Is this a situation where those of us that support the concept of Nullification can finally make a stand? Maybe this battle of bongs vs. bureaucrats and the healthcare law currently moving through the courts?

Regaining our lost liberties won’t happen overnight. Those concerned with passing freedom, liberty and a strong Constitution on to their children and grandchildren need to look for cracks in the feds fortress and widen them at every turn.

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