Arguably the most plainly false argument to emerge in the debate over Prop 19 is that the new law could be "challenged in court" and overturned by the federal government if it passes. Obviously, opponents of marijuana legalization would like its supporters to believe their vote is pointless, but the truth is that Prop 19 would be just as legally binding as the medical marijuana law that came before it.
The latest example of this false claim comes from Bill Whitaker at CBS News:
Even if it passes, pot would still be illegal under federal drug laws, so it's likely Prop 19 will be challenged in court. That means the whole controversial issue could just go up in smoke.
This just isn't true. There is literally nothing the feds can do to change California law. If state laws had to be the same as federal laws, then the term "state law" wouldn't even be familiar to us. Each state has its own unique set of laws that are enforced by police and courts in that state. Federal laws are completely different and they only apply when you're dealing with federal police and federal courts.
Of course, it's also true that federal law can be enforced anywhere in the country, and that seems to be what's confusing people here. If Prop 19 passes, the closest the federal government can come to interfering with it is to make their own arrests and carry out prosecutions in federal court. This works fine for making an example out of someone they don't like, but it hardly lessens the impact of a major change in state law. Marijuana would remain legal in the eyes of California police, and that's what counts. Just look at the medical marijuana situation, where the feds made some busts, but still failed to prevent a massive industry from forming, because the feds can't realistically take over the role of local law enforcement.
It's critically important that voters (as well as journalists) understand how this works so that everyone knows the facts before the vote on November 2nd. If Prop 19 passes, the issue cannot and will not "just go up in smoke," no matter how badly the drug warriors in Washington, D.C. wish that such a possibility existed. Please consider contacting CBS to suggest a correction to their coverage.
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