Federal Marijuana Laws Will Prevail Over States, Insists Drug Czar

The Congressional Research Service disagrees


President Barack Obama's drug czar toed a strict line on marijuana Wednesday, saying federal laws will prevail regardless of state-level efforts to legalize pot.

Gil Kerlikowske said enforcement of the Controlled Substances Act of 1970 — which ranks marijuana as a Schedule One drug alongside heroin, LSD and ecstasy — remains in the hands of the US Department of Justice.

"No state, no executive can nullify a statute that has been passed by Congress," the director of the White House Office of National Drug Control Policy told a National Press Club luncheon.

"Let's be clear: law enforcement officers take an oath of office to uphold federal law and they are going to continue to pursue drug traffickers and drug dealers," he said.

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  1. “Let’s be clear: law enforcement officers take an oath of office to uphold federal law”

    Actually, no, the locals don’t. It tends to be the constitution, the state constitution and the law of their jurisdiction. The degree to which they actually keep these oaths is a different matter. If you want to enforce a federal ban in contravention of a local permission, you need to put federal agents on the ground. Of course, that’s probably what he wants to do, as they answer to him anyway.

  2. Ha, funny guy.
    I realize that the Constitution and Bill of Rights are nothing more than pretty historical documents at this point, but what about the fucking 9th Amendment? Seems to me to say that federal law is irrelevant in any instance involving state constitutional amendments that are not in direct opposition to the Constitution or BoR. CO has designated a Right to use cannabis by creating a constitutional amendment, which they are 100% entitled to do under the 9th amendment. . .

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