https://www.instagram.com/ohiocriminalattorney/p/DSMxmBsgPLd/
all it takes is for people that are sick of these bullshit laws to move to states with more favorable laws and not do business with companies in these states and you will see an impact on their tax money.
Still breaking federal law. Any amount of marijuana crossing state lines is interstate commerce as in breaking federal law so I don’t see anything out of scope for Ohio to say on a state level you cannot import marijuana from out of state into their state.
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It would be ohio making the arrests under ohio law , not the feds under federal law . And ohio is limited by the dormant commerce clause. Which prevents a state from restricting economic activity, especially if it’s solely for their economic benefit.
Wouldn’t focusing on the implications for homegrown cannabis now being a potential route to arrest someone for something that’s otherwise legal be a better avenue to fight in court?
Not sure which implications your referring to
Being able to be arrested for cannabis that’s not in sanctioned packaging is what I was referring to. That would effectively make homegrown illegal outside of the house wouldn’t it?
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I agree to the sentiment that it seems they shouldn’t be able to stop this. But Im pretty sure you could justify making it illegal in the state on the state level to violate federal law while re-entering the state with federally controlled substances without it being reasoned as “solely for the states economic benefit” I’m pretty sure a lawmaker could find other reasons to make it illegal in the state as it’s relating to people bringing federally controlled substances back into the state from another state which is still technically federally illegal interstate drug trafficking which would make Ohio a party involved in every one of those acts
Growing it yourself, and leaning over your backyard fence to give your neighbor a free bud is also interstate commerce, according to Ashcroft v Raiche, despite that activity being neither interstate nor commerce.
That’s interesting. And due to what you just said that means any state could regulate growing and giving free bud to your neighbor as well I guess even though in this case ohio is a a rec state so that’s not as likely in ohio but I would still assume they could ban bringing MJ from another state across state lines into their state still. I’m not for any of these constraints but I do believe there’s many ways a state could justify making barriers like the ones we are discussing but it sounds like also by this coming week when Trump plans to file this executive order one could at least be prescribed MJ like the same way a doctor could prescribe you ketamine and it would be legal to bring it over state lines for yourself on a federal level.