Voters in Colo., Wash. approve legalization of marijuana
States facing legal battle with federal government?
- Duration 4:49
- Date Nov 7, 2012
States facing legal battle with federal government?
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This transcript is automatically generated
I'm -- started back in session on the docket today marijuana is now legal.
In two states.
But don't break out that she goes just yet that's according to the governor of Colorado after voters in his state and Washington State that matter approved referendum.
The new laws allow anyone at least 21 years old to carry up to an ounce of -- But that is still against the law at the federal level and the federal drug enforcement agency.
Joining me now John is -- -- former prosecutor now defense attorney Arthur a -- -- former prosecutor now defense attorney.
And they are going to explain whether it is -- until about now in these two states or not and you gotta love the governor of Colorado.
There I don't bust up that she -- of the goldfish just yet he says because it is.
It's still illegal under federal -- you tell meet Arthur how they can.
How they can -- got that in Colorado Washington State.
You're very familiar with a lot of these -- and -- whenever obviously that alone.
It should be known the governor was against this gave them electorate -- -- 56%.
In a state where -- marijuana use amongst children is actually going down there on his -- to be the healthiest state in the nation.
But let's talk about reality let some about the federal government prosecuting people who have 28 grams one ounce of marijuana he doesn't happen I mean.
Anybody knows that the Fed the FBI.
I've not been out doing street boss corner -- this it would have to go into effect by the distributors.
So what's gonna happen is.
They won't try to set up some sort of a district distribution program.
And then the federal government will take whatever -- the gonna take what he is the rub.
-- is already going on in California with the medical marijuana.
Medical matter on there's no provision in the federal law of these this kind of marijuana a -- -- in the federal law.
It's marijuana period and they are allowing federal they're allowing California the state government.
To distribute medical marijuana.
Holder wrote a letter saying we will we will viciously -- -- strongly oppose this didn't prosecute this they've done nothing.
So my answer to you your honor is that's.
You let's look at what's been past behavior as to predict future me.
As is prologue as they say John.
-- me how can they do it.
Had in the bed doing -- hot -- Colorado.
Basically thumbed its nose -- down and -- you -- we do it at some Arthur doesn't mean what you say in the eye right eye catching his -- currently has enabled again Wheatley is -- -- Italian you know I and just clear exactly the -- changes everything so it's sort of like -- I think you know what I'm trying to say it's okay sorry.
So John how can that how can Colorado passed a law like this when you've got a federal law that says you need that pot is illegal.
Well they're running a big rip -- -- -- basically made my argument because the federal I don't I think it trumped.
State law does that everybody -- me walking down the street.
Smoking enjoying an -- federal agent wants to rest Sunday and then that person would go to could go to federal -- jail for a year went for example in it in New York but you get caught you PM unlawful possession marijuana in New York is flat on the rest of the -- -- -- But that gets you can -- and I did this kind -- not a victory for all the -- John aficionados in Colorado Washington Heights -- -- know what it is though because we're not just.
I think I -- kind of an.
The argument had to do with ease marijuana a gateway drug to other drugs is this going to be it and he's gonna get in the hands of children and yeah if they are allowed.
For some period of time.
To get this marijuana out there without worrying about the state police the local governments are arresting them.
And if there is no spike in crime if there is no spike in younger people using marijuana that they'll have a stronger I obviously look.
Everyone's been doing -- illegally now it's legal it's out there has they've been more burglaries have they've been more robberies know what has happened we've gotten more taxes collected.
Now if the -- Around and she goes I want and you've got to come and go if you -- and the -- withhold funds from Colorado Washington State on other programs you think don't you bet and they do it all time they do -- in every other day and again just because were you -- did you get caught with marijuana in New York.
You're not getting any federal student loans of course they're gonna withhold the box in these states it is he truly is Don I DS if they choose to -- is also real limited resource is.
We got people trying to bomber struck a -- -- that's.
I have not only trying to the people on the corner yeah it's gonna come up when somebody gets busted for something else and it got hot on them in Colorado and the feds are gonna say.
I think it would make a federal case out of it panel thank you thank you regret now.