|
| News Groups Blog Forum Chat Video Audio Images Documents Wiki Home |
|
|||||||
| Register | Tags | FAQ n Rules | Mark Forums Read |
| Notices |
| Law and order Drug law, arrests, court cases, law enforcement & the legal situation of drugs. |
![]() |
|
|
Thread Tools | Display Modes |
|
|
|
#1
|
||||
|
||||
|
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. |
|
#2
|
||||||||||||
|
||||||||||||
|
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.
|
|
#3
|
||||
|
||||
|
Re: State law v. federal law?
Quote:
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. |
![]() |
| Bookmarks |
| Thread Tools | |
| Display Modes | |
|
|
Similar Threads
|
||||
| Thread | Thread Starter | Forum | Replies | Last Post |
| U.S. Supreme Court: State Medical Marijuana Laws Not Preempted by Federal Law | fnord | Law and order | 4 | 05-01-2009 10:16 |
| USA - Finally! Impeach Bush is Here! | Panthers007 | Drug Policy Reform & Narco Politics | 77 | 03-08-2008 10:50 |
| US Penalties for mushrooms State by state | Alfa | Law and order | 4 | 21-07-2008 01:37 |
| US: The law on Peyote | Alfa | Law and order | 34 | 27-12-2007 20:00 |
| Sitelinks: | Site Functions: |