
Originally Posted by
foxtrot
This reply is formulated strictly within the bounds of reality.
There is no state law permitting the use of marijuana. There is only an affirmative defense. Further, state laws cannot legalize federal crimes. A critical distinction ignored by many in this state. Also, we could theoretically argue that the second amendment provides the right to own SAM misses to the stoned, alcoholic or mentally deficient until we're blue in the face because the 2A says so. The fact of the matter is, the country you live in regulates it, and if they so desire, when you break regulation, they will prosecute you. Prosecution on minor issues is less likely but can always happen. Sure, you could spend 1.5 million and ten years of your life (much of it jailed) to petition ceratori to the US Supreme Court and argue federalism in any case, maybe you're the 1% of cases that get heard in doing so. And, almost a complete guarantee, they will rule against you anyway, as the country (even if conservative) is not in the habit of taking power away from itself, regardless of what any amendment says. And sure, a state could make an argument for anything, but the gov't is going to say "no" and "no money", so they are not going to do it.