Quote:
Originally Posted by PorscheGAL
It doesn't matter what the state does about decriminalizing marijuana use. It is still against Fed law. Therefore you can still be arrested and prosecuted.
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Correct. At least I think.
See, pot is not illegal because of a specific law. It is illegal because Congress has turned over the responsibility to regulate drugs to the DEA and FDA. The DEA has the power to "schedule" drugs. Depending on which schedule a drug is assigned, it may be legal for medicine but controlled, or illegal for all activities, including clinical research. Each schedule has its own rules, penalties, and activities that are considered legal with a drug.
The DEA can change the schedule of a drug at any time--so in theory, pot could be legal right now, and none of us would know it. But that is highly unlikely. The DEA tends to make access to drugs more restrictive over time, not less. This comes from the simple fact that the more drugs are "dangerous", the more funding the DEA can demand and the more control it can exert. Who'd want to give that up?