Legal Question Regarding "That" Topic

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not defined, but I would not want to try to argue that marijuana was not illegal.
Well, not in North Carolina or in the other 5 states which have not enacted some form of legalization? But what about in the 19 states + DC where it is fully legal and the additional 24 which have legalized medical use - and don't assume "medical use" automatically means the underlying condition would be excludable.
 
This will get interesting. Wouldn't be surprised to see more attempts to try to include prosecution in state B for actions committed in state A.
I's going to happen, but it won't be about drug use.
 
Ahh. Well, it’s a Federal form and the stuff is not legal per the Feds, so…yeah. It’s still a problem for them even with Basic Med.

I'm not smart enough to answer the question with any level of certainty (my occupational disadvantage). If the question is, do you have to disclose it? Maybe yes, maybe no. We can probably find "substances" which are not illegal under federal law but are illegal under various state laws (is underaged drinking the use of an illegal substance?). If the question is, will it stop you from BasicMed if you do disclose it, the regulation suggests it depends on the physician who is evaluating you. If you get into an incident where your medical condition is in question and the FAA asks to see the form, well CAMI does have a zero tolerance policy so I would anticipate a problem.
 
Wonder if Angel flights will start supporting this?

Was wondering the same thing... already have heard of people offering (car) rides to people in state A to see sights or get ice cream in state B...
 
I completely understand why a billionaire would support it. I'm not suggest he does, but influential people can view 'regular people' a bit like ants. A substance that reduces stress and intelligence makes the ants less of a problem, and potentially easier to control.
Hmmm. Kinda flips Marx: "Marijuana is the religion of the people...."

Ron "I like Groucho" Wanttaja
 
Well, not in North Carolina or in the other 5 states which have not enacted some form of legalization? But what about in the 19 states + DC where it is fully legal and the additional 24 which have legalized medical use - and don't assume "medical use" automatically means the underlying condition would be excludable.
States can't "legalize" marijuana when it's illegal at the federal level. They can decriminalize it locally when they remove state laws prohibiting it, but it's still illegal. Everywhere.

Now, as for why the Feds have decided to keep it illegal but not shut down and prosecute the owners and employees of weed shops in states that allow it - that's an exercise left to the reader, as the saying goes. There's clearly a move by numerous states to allow it. In my humble opinion, if there's a law you've decided not to enforce any more, then that law needs to be repealed. If there's a law that you've decided to selectively enforce, then you have a discrimination issue that needs to be fixed.

I have to wonder just exactly WTF goes through the mind of a DEA agent driving down the road in Colorado as he or she passes one weed shop after another.
 
Well, not in North Carolina or in the other 5 states which have not enacted some form of legalization? But what about in the 19 states + DC where it is fully legal and the additional 24 which have legalized medical use - and don't assume "medical use" automatically means the underlying condition would be excludable.

Since you had posted the faa medical form, I was thinking of a federal court where it would be an extremely hard task.
 
My understanding is the R vs W decision is in more of a leaked state but won't be official for about another month hence I included the month part in my OP. Apologies if the actual date is different.

Too funny about Marijuana - never crossed my mind it was illegal federally, great catch in POA fashion!

I started reading more last night. It seems for the real context here the states where Abortion is illegal will try and use other existing such as concealing a pregnancy, not being able to produce the location of the corpse, performing medical procedures without a license, etc

An earlier poster explained State Sovereignty which is the term I was looking for. The 6th amendment isn't something I've read or thought about in a very long time.

I figured this would lock before a second page. But Amy and Jenny are just having too much fun.

BTW:
Amy has a carry permit in State A and wants to fly commercial to state B but has an overnight layover in NYC. With the latest ruling can she pick it up on her way out of the airport and bring it with her to her hotel and then bsck into TSA in the morning. Or is she still breaking a law in state NYC.

They also co-own a profitable airplane treadmill business in state B which has a higher state income than their home state A. Do they pay any tax in A.

Probsbly shouldn't even get into their whole brothel business.
 
States can't "legalize" marijuana when it's illegal at the federal level. They can decriminalize it locally when they remove state laws prohibiting it, but it's still illegal. Everywhere.

Now, as for why the Feds have decided to keep it illegal but not shut down and prosecute the owners and employees of weed shops in states that allow it - that's an exercise left to the reader, as the saying goes. There's clearly a move by numerous states to allow it. In my humble opinion, if there's a law you've decided not to enforce any more, then that law needs to be repealed. If there's a law that you've decided to selectively enforce, then you have a discrimination issue that needs to be fixed.

I have to wonder just exactly WTF goes through the mind of a DEA agent driving down the road in Colorado as he or she passes one weed shop after another.
I'm assuming that if the feds cared to do so, they could arrest someone for marijuana possession in all 50 states.
 
States can't "legalize" marijuana when it's illegal at the federal level. They can decriminalize it locally when they remove state laws prohibiting it, but it's still illegal. Everywhere.

Now, as for why the Feds have decided to keep it illegal but not shut down and prosecute the owners and employees of weed shops in states that allow it - that's an exercise left to the reader, as the saying goes. There's clearly a move by numerous states to allow it. In my humble opinion, if there's a law you've decided not to enforce any more, then that law needs to be repealed. If there's a law that you've decided to selectively enforce, then you have a discrimination issue that needs to be fixed.

I have to wonder just exactly WTF goes through the mind of a DEA agent driving down the road in Colorado as he or she passes one weed shop after another.

At any level there's a lot of irony going on, if anyone thinks about it very much. Military resources being used to track down marijuana shipments, while oxy was being handed out under medicare being one. It's far from new, though. Washington led federal troops against farmers making whiskey before the ink was dry on the constitution.

I think we're off on the numbers. That we shouldn't be using >50% as any sort of metric. Would you take a group of people to lunch where 49% hated it? Of course not. But we try to run a country that way. We, as a country, need to learn a bit more tolerance of people who are different and want different things, and we need to adjust the numbers to accommodate that. The right way to set a speed limit, for example, is to take the signs down, monitor the traffic, and then set the max to include something like 90% of the drivers. Extend that to regulatory agencies. Want to ban XYZ? Great. Now get 80% of the people to agree on it. Can't? The leave it the f*&Jk alone. It probably doesn't affect your life very much, contrary to what a guy in a tie said. Like my suggestion with rappers next door. People need to wrap their heads around the concept that while individual freedoms are self-evident, banning people's choice of chemicals, devices, or behaviors isn't. An 80% rule would be perfectly capable of making sure we had the important stuff taken care of. We'd have lawn darts again, but it probably still wouldn't be legal to have your own land mines. Well, unless you didn't have a fence or a sign...

I say this because I think a simple majority and a two party system have been shown to be too easily manipulated by fringe groups, and many people just follow along with the latest talking head their special channel told them to believe.

If Marx and Orwell were both here, Marx would be looking at social media beaming like a little kid, while George would be stunned, muttering "I didn't think they'd LIKE it".

Ok, that's way too political. I might even sound like one of those people that sounds like "librarian", so I'll shut up for a moment.
 
Amazing how many people think this topic is about Marijuana. I think maybe 2 others can see the real purpose of this thread.
I noticed that yesterday and was wondering when folks would realize the OP was not talking about marijuana. Most definitely a spin zone topic, nevertheless.
 
Can 51% pass a law at the federal level?

I *think* it's simple majority house, then senate committee, then simple majority senate, then signed, depending on where it starts. But that's over simplified, because things are bundled together so that it's not a simple vote of anything, but rather a vote of a congealed mass of stuff written by staffers or lobbyists. Not a simple fix. And then we're all aware of the non-legislative regulatory procedures that each agency has, which can be as transparent as concrete. FAA actually seems pretty open compared to some, although clearly not without some issues, too.
 
I has having just this conversation with my q 6 year ol son just last night....except in Florida... Drove past a couple of these "clincs". I said I just can't wrap my head around it.
Seems to me in my I guess over linear way of thinking as an engineer....2+2 does not =5
that any federal law officer....seems to be sworn to uphold and enforce the law...and if the see someone breaking the law aren't they kinda bound by oath, by duty, and plain old common sense to arrest that person?
I mean I get an officer overlooking going 50MPH in a 45mph zone..... but possession is possession. Agree or not. And right there is a huge big building with a fresh paint job and neon lights all over. Safe bet they are in possession....probably of a lot of it! For crying out load it says so right there on the sign.

What have we done to our society? (and I'm not actually talking about the drugs...should we or shouldn't we...I'm just talking about the simple thing of respecting the law. It is illegal, like it or not.
 
It’s time to overhaul the drug laws. All of the federal prohibitions should be repealed and states allowed to write their own laws. I would be lobbying hard in my state to end the prohibition. It does not work and is very detrimental to society.

what we have now was a ploy by politicians to get votes, not what was best.
 
States can't "legalize" marijuana when it's illegal at the federal level. They can decriminalize it locally when they remove state laws prohibiting it, but it's still illegal. Everywhere.

Now, as for why the Feds have decided to keep it illegal but not shut down and prosecute the owners and employees of weed shops in states that allow it - that's an exercise left to the reader, as the saying goes. There's clearly a move by numerous states to allow it. In my humble opinion, if there's a law you've decided not to enforce any more, then that law needs to be repealed. If there's a law that you've decided to selectively enforce, then you have a discrimination issue that needs to be fixed.

I have to wonder just exactly WTF goes through the mind of a DEA agent driving down the road in Colorado as he or she passes one weed shop after another.
Probably thinks, "cool." Much more important fish to catch.
 
Re the feds ignoring it - I think there's two answers to that one. One is that enforcement would lead to a challenge, and I don't know that they want to go down that road, for fear of losing. I kinda think that could be entertaining, in a way, in that some whole groups could be found not to have a purpose anymore. Do either the banking or drug industries (the ones trading on the stock exchange) really need federal protection against competition? The other is that we have a long history in this country, and I think it's a good one, of pushing back on unjust or silly laws. That morality overrides legality. It doesn't mean an exemption from prosecution, but it does mean that people have a moral obligation to do whatever they believe is the right thing. Letting people run a pot store is a big stretch from not trying to shut down the underground railroad in the 1800's, but in the grand scheme of things, people do...I believe...need to learn to lighten up a bit.

It used to be illegal for somebody that looked like me (or like the comic book store guy from the simpsons) to invite someone that didn't look like me to sit down at a lunch counter, in some states. But it was NEVER moral to enforce that law. The law is an excellent guideline for proper behavior in almost all cases, here in the US. But when people believe it, in and of itself, is the authoritative answer, bad things happen.

So along the lines of "yes there is a Santa Claus", I'd suggest explaining that sometimes things are more complicated than they appear. On the plus side, as screwy as our system is, it's not a day to day thing for most people, most of the time, here. If you were raising the youngster in Russia now, or in the 1980s or earlier, or Northern Ireland in the 70's or so, or most of Central America most of the time, the whole concept would be flipped around. You'd be warning them from a young age not to trust those people. Here, we don't have to do that. We have problems, but it could be WAY worse. That said, we still have way too many laws.

Edit - I realize I'm now using POA as a way to avoid mowing my lawn. Which may contain all sorts of things now, given what I've posted. So off to do that. If you're standing on it, please make way for the rusty old mower with rusty old guy riding on top.
 
I *think* it's simple majority house, then senate committee, then simple majority senate, then signed, depending on where it starts. But that's over simplified, because things are bundled together so that it's not a simple vote of anything, but rather a vote of a congealed mass of stuff written by staffers or lobbyists. Not a simple fix. And then we're all aware of the non-legislative regulatory procedures that each agency has, which can be as transparent as concrete. FAA actually seems pretty open compared to some, although clearly not without some issues, too.
With certain exceptions, legislation requires a 60% vote to pass the Senate, due to the fact that they changed the rules years ago to eliminate someone having to stand up talking for hours on end to keep a filibuster going.

https://en.wikipedia.org/wiki/Filibuster_in_the_United_States_Senate
 
I do not care if it is legal or not as long as there is a way to determine when someone has had too much to drive, or fly.

I am just glad i do not have to depend on artificial stimulants to get the most enjoyment out of the time I have here on earth.

That means staying away from sugar, caffeine and alcohol, for example.
 
State ‘A’ laws are limited to state ‘A’s territory/jurisdiction.

An easier way to look at is whether Texas can enforce it’s traffic law requiring a front license plate when that vehicle is in Oklahoma. The answer is no, because Texas doesn’t have jurisdiction to enforce Texas laws in Oklahoma.
What happens if the knuckle-dragging politicians of State A pass a law saying, "It is illegal to pass over our state line with the intention of 'smoking pot'?

Ron Wanttaja
 
What happens if the knuckle-dragging politicians of State A pass a law saying, "It is illegal to pass over our state line with the intention of 'smoking pot'?

Ron Wanttaja

How does the state prove intent? But then you’re
looking at interstate commerce and that’s squarely federal jurisdiction, not state.
 
How does the state prove intent? But then you’re
looking at interstate commerce and that’s squarely federal jurisdiction, not state.
Somehow that's never stopped California from inspecting for fruit and vegetables at their border with adjoining states.
 
I noticed that yesterday and was wondering when folks would realize the OP was not talking about marijuana. Most definitely a spin zone topic, nevertheless.


Then he picked an awful analogy. Marijuana is illegal at the federal level and is a mind-altering substance that impairs one's ability to fly. Totally, totally different situation.
 
Yeah...but it was distracting enough that it kept us off the likely topic, which would probably lock up this thread faster than lack of oil in an engine. So it worked ok.
 
Somehow that's never stopped California from inspecting for fruit and vegetables at their border with adjoining states.
That has nothing to do with intent, and everything to do with possession.
 
I don't think any such attempts would be successful. It's really pretty well settled. That's why people can go to neighboring states to gamble, ride motorcycles without helmets, drive faster, buy booze on Sundays, smoke weed, get married, get divorced, and all manner of other things.
"Settled law" used to mean something.
 
"Settled law" used to mean something.

Yes, but not what people today think it means. John Paul Stevens wrote way back in the bicentennial year that the Court seldom takes a case merely to reaffirm settled law.

In other words, if cases on a particular issue continue to be heard by the Court, then the law is not yet settled.
 
"Settled law" used to mean something.

Flawed people making flawed laws. Some "settled law" should not be so and needs to examined by people with more light and understanding. This country had a time when some laws provided for the enslavement of people. Surly we all agree that this was a grave error in our history and yet it lasted for many years. I personally believe we are making that same error with the subject not being mentioned here. There are better ways ...
 
Flawed people making flawed laws. Some "settled law" should not be so and needs to examined by people with more light and understanding. This country had a time when some laws provided for the enslavement of people. Surly we all agree that this was a grave error in our history and yet it lasted for many years. I personally believe we are making that same error with the subject not being mentioned here. There are better ways ...
We could debate the merits, but we probably should not do so here.
 
Standard reminder that plessy vs ferguson was settled law for decades. The term “settled” doesn’t mean permanent, it just means decided.
 
So what's on the agenda for the next month or so?
Clarence Thomas said he wants to allow the states to prohibit gay sex, contraception, gay marriage, and even allow separate but “equal” education for minorities…

for some unfathomable reason, he stopped short of allowing mixed race marriage prohibitions… so he does seem amenable to looking out for his own mixed-race relationship. And there’s no doubt his education stopped long ago… (1850 maybe?!)

Paul
 
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