Our Justice Department, marijuana, illegal entrants and adhering to our Constitution


See Justice Department to crack down on legal marijuana with roll back of Obama policy

”WASHINGTON – As part of a crackdown on legal marijuana, the Justice Department is set to roll back an Obama administration policy to not challenge state laws that allow people to use pot for medical and recreational uses an official familiar with matter said Thursday.”

I don’t know what our current Justice Department has in mind with regard to cracking down on legal marijuana. But I do know our Federal government has absolutely no constitutionally authorized power to prosecute citizens within a state who may be engaged in the manufacture, sale or transportation of marijuana within their State’s borders.

How do I know this to be true? Prior to the adoption of the 18th Amendment, our federal government had no authority to enter a state and prosecute the people therein for the manufacture, sale and transportation of intoxicating liquors. Their hands were tied by our Constitution. After the adoption of the 18th Amendment Eliot Ness became the first federal agent, and acting under our Constitution, to enter a state and arrest those engaged in the manufacture, sale, or transportation of intoxicating liquors. With the adoption of the 18th Amendment our federal government and the several states had concurrent power to enforce prohibition and prosecute those engaged in the manufacture, sale, or transportation of intoxicating liquors.

But this power granted to our federal government was later withdrawn by the 21st Amendment in the following words:

”The eighteenth article of amendment to the Constitution of the United States is hereby repealed.”

And thus, our federal governments’ power over intoxicating liquors within a state’s borders evaporated with the repeal of the 18th Amendment and adoption of the 21st Amendment!

In addition, the authority of the various states to once again exercise and assume sovereign control over their own internal affairs and regulate intoxicating liquors, as the people in each state feel is in their own states best interests was intentionally taken back, and in crystal clear language, by section two of the 21st Amendment which reads:

”The transportation or importation into any State, territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.”

So, the only federal authority over marijuana which is constitutionally based would be over the people of one state transporting it into another state without the receiving state’s consent for its sale or use.

One final note. I fully support our federal government using its constitutionally authorized powers to prosecute and severely punish all those who would dare to transport their intoxicating substances into a state for sale or distribution without that state’s permission. And when I say “severely punish”, the minimum jail time ought to be at least five years! We need to re-establish federalism, our Constitution’s plan, and strictly observe the defined and limited powers granted to our federal government. The people of the various United States need to take back their country and enforce their written constitution and its documented legislative intent, which gives context to its text!

If Jeff Sessions wants to do something useful, then prosecute the Mayors of sanctuary cities and the Governor of California for harboring illegal entrants.


"The Constitution is the act of the people, speaking in their original character, and defining the permanent conditions of the social alliance; and there can be no doubt on the point with us, that every act of the legislative power contrary to the true intent and meaning of the Constitution, is absolutely null and void. ___ Chancellor James Kent, in his Commentaries on American Law [1858]


To be honest, if states are making it legal, I find it offensive that the federal gov’t would interfere.

Just as a reminder for anyone not familiar with my opinion:
I’m not a pro pot person, but I’m not against it either. I’m anti pro pot propaganda for sure.


I think we are pretty much in agreement!



I’d agree IF (and ONLY if) the consequences of legalization were to STAY within the confines of the States making pot “legal.” Everyone here KNOWS that they WON’T.


What consequences are you speaking of?

If someone in Texas is pulled over with marijuana from CO, it’s no different than if it came from Mexico. It’s still illegal where it’s illegal. I’m not seeing the problem?


I can’t speak for PD, but I’m guessing he’s referring to the destructive behavior that comes with any drug use that can occur with MJ that’s trafficked from a state that legalizes it (especially for recreational use).


I don’t dispute the behavior. In the states where it’s still illegal, they still get the weed.

Honestly, at this point what with the lack of enforcement by the judicial system, the rest of the states should just legalize it also. Get it over with, get the taxes in place.

Either that, or the judicial needs to be purged of leftists and replaced by people who will actually sentence the crimes and make it hurt.


Actually, the “consequences” of which I posted involve the INEVITABLE company “pot” keeps…the DEADLY drugs that pot-heads almost inevitably try in search of the “ultimate high.” I’ve seen it dozens…if not hundreds…of times myself–including with a step-granddaughter (who thankfully, straightened herself out before it killed her.) I’ve helped BURY several of these “consequences.”


All while it was illegal too. See, this is one of the reasons that the ProPots lampoon. They say this doesn’t happen, or it’s very rare. They say it isn’t a gateway drug. They say lots of things that aren’t true. This is why I’m against ProPot propaganda. I hate it. It’s bovine excrement and I’ve seen first hand almost every case to the contrary.

The reason I can go along with legalization is that we are doing absolutely nothing as far as actually stopping the usage. Sure, we bust people with large amounts intended for distribution. Guess what… they grow more and someone else sells it anyway.

It just is not doing any good.

However, if we look at tobacco, we see a trend of drastic usage dropping mainly due to it being legalized, and heavily controlled. It’s taxed heavily. There is so much anti tobacco propaganda out there it actually scares kids more than marijuana these days. I’m not kidding with that.

At this point, while nobody will ever convince me that marijuana is not harmful, and nobody will convince me that it’s some all powerful wonder drug, I see futility in fighting the legalization.
We aren’t fighting the war properly. You will never convince the US public to go along with the punishments that would stop it.

So, tax the ever loving caca out of it. Make it legal. Control it like tobacco and alcohol. Publish propaganda just like the anti tobacco crap. At this point, that is about all that we can do as far as I see it.


Tax “the caca out of it” and you do NOTHING about the blackmarket in the stuff…except make the cartels richer.


As PD alluded to, taxing the crap out of it still gives incentive for illegal trade (to dodge the taxes).


I’ve never disputed that, and often stated that very same thing. The gangs, and blackmarket drug trade will not go away.


Cartels have abandoned marijuana in legalized states; it’s no longer profitable for them. They’ve gone back to cocaine.

Their Mj growers in Mexico are begging for us to stop, because we’re exporting it over the border and crowding them out.

All I can say is; no sympathy.


You have proof of this? This is news to me. All I’ve seen is the state and local LEOs are not arresting for it, or spending much time on investigating it. I’ve seen nothing that demonstrates that the blackmarket is diminished.

They can still get money for marijuana because it’s cheaper from illegal sources.


True, Devilneck. With the taxes “legalized” States charge, blackmarket pot is STILL the cheapest on the market–by far. Once in the consumer’s possession, nobody knows where it came from, so unless you catch a blackmarketer actually IN THE ACT of selling their pot, nobody gets arrested since you don’t arrest consumers for possession any longer and no longer have any leverage to convince them to give up their dealer.


Black markets are not made equal. I’m differentiating cartels from the rest.

The black market that picks up in legalized states is weaker sort, gray suppliers buying directly from growers or growing their own within the state (then perhaps selling over the border to non-legals).

Cartels continue to persist in the non-legalized states.



BS, AS. You go to a decidedly pro-legalization website to “prove” your contention that legalization is hurting the cartels??? That’s a crock of crap and you know it.


Touting a study by the RAND corporation? Which I’m guessing you didn’t look at?

The same people who give us war games simulations of China, and breakdowns of crises both in the Middle East and Central America. Y’know, people who make a habit of both studying the enemy, and studying sociological trends that create them.


So what? The RAND corporation–THAT organization?


You didn’t read it. You went by impressions, and simply “assumed” it was just pro-pot people doing something you didn’t like.

Up your game Dave. That’s all that I ask.