Well It's Official MJ

Yeah can't delist it. To many PDs and prisons making money off that shit

If the Feds move it to Schedule III, it will have no effect in any state that doesn’t recognize cannabis for medical use. State prohibition still overrules Federal legalization of a drug.

Criminal law is mostly a State issue. The States can criminalize anything they want so as they don’t criminalize something their State constitution or the Federal Constitution protects. Separate from the States, the Feds can criminalize something that crosses state lines. Drugs usually cross state lines as some point in their manufacture, sale, or use. Therefore the Feds can also criminalize drugs if they wish. Therefore you can have the Feds criminalize marijuana, and the State of Florida can criminalize marijuana, and both the Feds and the State can prosecute you separately for importing the same marijuana. Its not considered Double Jeopardy because Florida and the Federal Government are two separate entities with their own powers. The two entities are separate sovereign governments.

When the Feds “legalize” marijuana, all that means is they’re removing the Federal criminal laws that prohibit marijuana. But the Feds changing Federal law has no effect on Florida’s law. Deleting the Federal criminal laws about marijuana does not create a Right to possess it. It just means the Feds no longer have a dog in the fight. The States will continue to do what they will on the matter.

The only way the Feds could invalidate State laws against marijuana is to declare possession, use, manufacture, whatever, of marijuana a Federal Constitutional Right.

No. A State has the power to ban Tylenol if they want. There’s no Constitutional Right to Tylenol.

California banned lead bullets. Some states ban certain deodorants.

The only thing that stops a State from banning whatever is if its protected in the Constitution or the State’s constitution.

Thus the reason abortion is a State’s Rights issue absent the fiction that abortion is protected by the U.S. Bill of Rights. Also, understanding this can help understand why all the various amendments to Florida’s constitution are a big deal. Finally, this is why I often stress that for much of American history, the Federal Bill of Rights didn’t apply to the States. The Founders didn’t intend it to. But, the Civil War happened and things changed for various reasons. When people make “the Founders didn’t intend…” arguments, usually they don’t understand this.

One interesting aspect of a re-scheduling by the Federal government is that there will be a Direct impact on many states.

Many state pot laws contain a clause that Automatically changes the state schedule to match the Federal rules.

This will lower penalties in some jurisdictions beneath the cost of prosecution.

How many deep South or "Cowboy" states will allow this change?

It could become another "issue" for dimwit pols to frighten the ignorant and superstitious.

They will bray and howl and claim great harm if state laws aren't immediately changed.

"Gotta keep locking them up ... full employment for prison guards is a natural right."

The only trial I’ve lost in 10 years was a cannabis case about 2 years ago. A fellow brought into the state a few big bags’ worth in the back of his semi. Something around 40lbs. Either enough for him to sell on the side or for a big weekend with friends and have a stash left over. In jury selection, I looked at the crowd before we called them up and realized by appearence alone I already lost. Lots of young people that looked like the types to smoke pot. Up in the box, 11 of the 12 potential jurors told me that they believed the State should stop prosecuting cannabis cases. In the box it was a cross section of ages and professions. Even teachers and correctional officers wanted it legalized. I finally said “screw it” in my mind and went with the best 6 of the pro-pot crowd and resigned myself to the loss even before it began.

No doubt it will be legalized for recreational use this election cycle.