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Old 23-07-2007, 01:12
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State law v. federal law?

Suppose SWIM was in posession of a substance (Amantia and Salvia come to mind, though I'm sure there are others) that was not illegal federally, but was illegal in a state. Now, suppose SWIM was caught posessing (not using or dealing) this substance while passing through.

Could SWIM use a defense such as this: "Hell yeah, it's [whatever drug]! I bought it legally in state A, intend to sell it for a profit in state B, and had to pass through your state to accomplish that. I'm engaged in INTERSTATE COMMERCE, bub, and your puny little state laws don't touch me!"

Would he get off? Would he get his stash back?

EDIT: Salvia is sold on the boardwalk in Ocean City, MD, which 4mi. south of the DE line. Assuming it's brought in (among other things) by truck, would the driver (let's say outta Philly) have to be careful not to penetrate the DE state line?

Last edited by bcubed; 23-07-2007 at 01:42.
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Old 23-07-2007, 02:52
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Re: State law v. federal law?

If you go somewhere you automatically agree to abide by their rules. There are exceptions to every rule, but I cant think of one here.
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Old 23-07-2007, 19:55
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Re: State law v. federal law?

Quote:
Originally Posted by Police Officer View Post
If you go somewhere you automatically agree to abide by their rules. There are exceptions to every rule, but I cant think of one here.
So let's create a theoretical example. SWIM lives in southern KY, and orders Salvia from his buddy in northern MS. The quickest delivery route is through TN.

So, does the shipper have to inform the courier to: 1.drive west, cross the Mississippi into Arkansas 2. North into Missouri 3. east, across the Mississippi AGAIN into Kentucky?

Does the courier get a free pass if he "knew or reasonably should have known" the nature of his contents? And if the courier gets a pass, then so should SWIM, or it's a violation of "equal protection," IMO.

Further, imagine a state in the future that's entirely surrounded by states with laws against a certain drug. So, that state would effectively be in the midst of a "drug blockade?"

Heck, this would seem to be the one time shipping USPS would be beneficial, as crimes involving the US mail are, by definition, federal offenses.

Last edited by bcubed; 23-07-2007 at 20:04.
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