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What is the law on 9/10th possession?

If the Federal law regarding possession of weed supercede's state law... what's the point?

  • what's the point of decriminalizing weed in California if you can technically be charged with felony under the federal law? I'm sure this happens very rarely, but still the federal law categorizes weed possession as felony and can lawfully prosecute you as such.

  • Answer:

    The average person would never be charged, because federal laws only cover large amounts. Federal law doesn't address small amounts of marijuana. Their minimum requirement for possession isn't the resin that most states make a misdemeanor, let alone the three seeds felony of Texan fame. So this would allow the prosecution of the organized crime groups who grow pot in California for export to other states, as well as dealers. The wholesalers and large retailers. In contrast, the average pothead with his baggie wouldn't be bothered by the police till he gets stopped for a DUI.

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Smuggling it in from Mexico is usually a felony that is enforced by CBP, but simple possession of a small quantity has been a misdemeanor in California with a $100 mail in fine for decades. When CBP finds a small quantity on an illegal alien, they just flush it down the toilet. It isn't even worth the time to write it up because you don't have absolute proof that they brought it in and weren't handed it after they crossed..

BruceN

Another point to consider is, when a state thumbs its nose at Federal law, the fed can cut off funding for highways and such. State can lose a whole lot of money. State Law cannot trump federal law.California and a few states are skirting the law with medical pot, but finding out they are played for suckers by the Weed growers and sellers. Wait, watch and see what happens in these states. Left Coast just closed a bunch of their Medical Pot places because they were not following the law.

bigmikejones

What happens is Californian police don't enforce the laws, thus if you get stopped with weed in the car they won't arrest you. However if you catch the attention of the DEA then they can still arrest you under federal drug charges.

Marko Polio

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