What's the Latest at ASA/Expressjet?
#8252
Marijuana is illegal in federal law but legal in at least 2 states so far with no big pressure from the FED to force their hand.
#8253
#8254
On Reserve
Joined: Feb 2014
Posts: 89
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From: A319/320/321 FO
Where's the big December announcement?
#8255
Line Holder
Joined: Oct 2014
Posts: 60
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From: Captain Extraordinaire
Only if federal law has "preempted" state law in that particular area. Additionally, state law can be "more restrictive" than federal law. The bottom line, it's much more complicated than any generalization; and, therefore, depending upon the state and mix of state and federal law, some state laws WILL apply.
Last edited by Ben Kenobi; 12-08-2014 at 03:48 PM. Reason: added additional verbiage
#8256
Line Holder
Joined: Oct 2014
Posts: 60
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From: Captain Extraordinaire
Technically, federal law still preempts in this particular circumstance. The issue here is of discretionary prosecution. All prosecutors (or the executive branch if you will) enjoy general discretion when seeking to enforce laws. It is almost ministerial in nature. This is so to enable the executive branch to efficiently manage resources when deciding to enforce certain statutes. Also, some laws, while still on the books, are no longer considered a social menace and therefore not enforced (but could be if necessary or desired).
Last edited by Ben Kenobi; 12-08-2014 at 03:56 PM. Reason: correct typos
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