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Subject:
Full faith and credit for medical marijuana?
Category: Health > Conditions and Diseases Asked by: anonoboy-ga List Price: $5.00 |
Posted:
11 Aug 2004 21:56 PDT
Expires: 10 Sep 2004 21:56 PDT Question ID: 386790 |
I live in a "medical marijuana" state and, because of painful herniated discs, am authorized to smoke marijuana in my state. If I were arrested in a non-medical-marijuana state for smoking marijuana, could I successfully assert "full faith and credit" as a defense? |
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There is no answer at this time. |
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Subject:
Re: Full faith and credit for medical marijuana?
From: daytrader_7__6-ga on 12 Aug 2004 07:28 PDT |
In theory, yes. In practice, no way. Even in your own state with medicinal legality, the Feds can throw you into jail, especially if you are an activist or attract their attention in some other way. This battle is currently being fought by the state of California against the feds. CA won some recent decisions, but the Feds have not surrendered. The war on drugs has too many martyrs already. I just want you to be safe. Best wishes. |
Subject:
Re: Full faith and credit for medical marijuana?
From: anonoboy-ga on 12 Aug 2004 08:19 PDT |
Thank you for your comment. I wish to be safe, also. In order to remove the fed/state prodecution issue, let me re-state the question as "could I successfully assert "full faith and credit" as a defense against a *state* prosecution?" And, of course, when I say *successfully assert a defense*, I realize that this is probaly a case of first impression, so no one can say with authority what would happen, but what do you think |
Subject:
Re: Full faith and credit for medical marijuana?
From: daytrader_7__6-ga on 12 Aug 2004 11:57 PDT |
imho, I think if you tried it, the court would try to make an example out of you. If you did get arrested, and did *not* rock the boat, a judge might be very lenient toward you, considering your circumstances. I want very much to see such a case successfully argued, but I am pessimistic. The venue and circumstances would have to be just right, such as a "saintly" med mj smoker arrested while making a necessary trip (like to visit a very sick relative) in another state, which also happens to be the most liberal court of any non-med mj state.... If all the planets are aligned, it could happen, but this is all just speculation. |
Subject:
Re: Full faith and credit for medical marijuana?
From: anonoboy-ga on 12 Aug 2004 12:36 PDT |
First, Daytrader_7, thank you for your participation. This is very interesting. Originally you said that in theory I could assert FF&C, but in practice I'd lose because of federal statutory supremacy. I then re-stated the question assuming that I was prosecuted by the offended state -- thus no federal question. You then basically suggest it's a matter of facts (I'm going to see a sick relative, a friendly second state, etc.), but I'd like to keep it at the constitutional level. Once again, recognizing that we can't know the answer because (I assume) this is a case of first impression, let's say I'm in any state that doesn't have medical marijuana laws but that does recognize that, like all states, it is subject to the FF&C clause of the US constitution. I assert FF&C as a defense; if it is acting ethically, how does the state rebut this defense? Note the similarity to the situation where gays marry in MA and subsequently assert that FF&C requires their home state to recognize the validity of their marriage. Conservatives appparently agree with this argument; witness the many attempts to amend state constitutions. Thanks again for your, or anyone else's, participation. |
Subject:
Re: Full faith and credit for medical marijuana?
From: pinkfreud-ga on 12 Aug 2004 12:46 PDT |
There are many areas in which states do not grant legal reciprocity. For example, a permit to carry a concealed weapon may be honored by some states and not by others. |
Subject:
Re: Full faith and credit for medical marijuana?
From: anonoboy-ga on 12 Aug 2004 13:30 PDT |
Good point, pinkfreud. So we need to ask why the brouhaha over gay marriage? I'd suggest that gay marriage is allegedly a form of marriage, and the right to marry is fundamental and protected under substantive due process. A law prohibiting same would have to meet the strict scrutiny test: necessary to achieve a compelling state purpose. Perhaps the state could win that argument (perhaps not), but it's clear that the right to smoke marijuana for medical purposes, or carry a concealed weapon, is far less fundamental. To be sure, there *is* governmental discrimination in both the concealed weapon and medical marijuana cases, but the discrimination doesn't fall in the most important categories (marriage, tracel, race, alienage, national origin, all of which require the strict scrutiny test); or gender and illegitimate children (which require the intermediate scrutiny test). Rather medical marijuana and concealed weapons would fall under "all others", which use merely a "rational basis" test, in which the government always wins. So I think *that* is the reason FF&C would not apply to medical marijuana. What do you think, daytrader_7 (and all others)? Thank you again. |
Subject:
Re: Full faith and credit for medical marijuana?
From: daytrader_7__6-ga on 13 Aug 2004 10:19 PDT |
http://dictionary.law.com/definition2.asp?selected=799&bold=%7C%7C%7C%7C full faith and credit n. the provision in Article IV, Section 1 of the U.S. Constitution which states: "Full faith and credit shall be given in each State to the public acts, records and judicial proceedings of every other state." Thus, a judgment in a lawsuit or a criminal conviction rendered in one state shall be recognized and enforced in any other state, so long as the original judgment was reached by due process of law. Each state has a process for obtaining an enforceable judgment based on a "foreign" (out-of-state) judgment. Notice it says "judgement in lawsuit or a criminal conviction." The intent of this clause is to prevent the chaos that could ensue when two states decided to feud with each other, and to ease state-to-state extradition. Also, it preserves the wealth of the wealthy, and keeps the "bad guys" in jail. Especially since many of the "bad guys" were guilty of property crimes. The non-med mj state would argue that to invoke FF&C would be for the med mj state to impose its law on the non-med mj state - the concealed carry argument is a good example of the case that would be made. once again, imho, the Federal Goverment has been expanding its powers so much for so long that there is no longer any such thing as states' rights. The constitution says that the powers not delegated to the feds are reserved for the states. Today, the reality is that the only powers delegated to the states are the ones that do not interest the Federal government - roads, schools, and most prisons. And the states are not even allowed to set their own speed limit on the roads that they build and maintain. The battle over speed limits is another example of how the Feds dismantled states' rights long ago. |
Subject:
Re: Full faith and credit for medical marijuana?
From: brownman40-ga on 05 Oct 2004 23:39 PDT |
No you can't. I believe you're missing the point of full faith and credit. Full faith and credit means you can't be penalized by Texas for smoking the reefer in California. Otherwise, you have to obey Texas laws in Texas. |
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