Federal drug laws to be tested in court.

COURT WILL DECIDE IF FEDERAL DRUG LAWS ARE CONSTITUTIONAL

ANOTHER DILEMMA FOR CONGRESS TO ADDRESS

Late yesterday Attorney General Jeff sessions announced that the Trump administration was rescinding the rule that the federal government would look the other way, rather than enforce federal Marijuana laws. This was part of the policy of the Obama era that allowed the Federal government to pick and choose which laws it would enforce. This applied to marijuana, the defense of marriage act,  immigration and other federal laws. Congress was willing to stay silent as it seems to want to avoid making any decisions that may be controversial or difficult. The Trump administration has taken the position that it will enforce all legal federal laws. The first of these to become an issue was to rescind the Obama rule that attempted to legalize certain immigrants in contradiction to federal law. 

Much ado was made of this, but it is clear, congress shall make and alter federal law and the executive branch is bound to enforce such laws. If someone does not like the law, change it.

So now we can expect an uproar that Trump and Sessions have thrown a monkey wrench into the legalization of Marijuana in California, Colorado and other states. This decision should be welcomed, as now it will be decided if their attempts are legal or not.

So some will say all congress has to do is to revoke federal Laws on Marijuana or declassify it as a controlled substance. That will require a very hard vote by politicians, who avoid such votes, particularly in an election year.

So, ultimately we will will see a court challenge as to the constitutionality of Federal Drug laws. There is no provision in the constitution for the federal government to regulate alcohol, tobacco or drugs. So, it is very likely in the future, federal drug laws will be struck down and the states will be free to legalize or outlaw whatever drugs they want. They will also then have the responsibility to enforce their laws. 

The Federal government has a clear responsibility for immigration law, the states cannot change immigration law, and the courts are not going to side with the states.

The federal government does have the right to tax and regulate all imports, so they could put large taxes on the import of drugs and also enforce the laws in that regard. This would likely lead to a larger market in domestic drugs. 

It will be very interesting to see how all of this plays out, the states want the ability to tax drugs, they will not give it up. No matter what congress decides it will be challenged in court. The will and the money to make this a national debate is available. If the court asserts a states right decision, it will have repercussions for years and in unforeseen places.