Re:Where Pot Entrepreneurs Go When the Banks Say No
by dragonwriter on Friday January 05, 2018 @02:28AM
(#16077165)
> It still sounds a way ridiculous for a thing to be legal and illegal at the same time.
It's not legal and illegal at the same time. It is not prohibited by state law, and prohibited by federal law. It is, therefore, illegal, plain and simple.
Much like California's prison policies few years back: they were exactly what state law specified, but violated federal law. They weren't in some weird legal-illegal contradictory state, they were illegal.
> As long as the feds let the states decide on their own
Federal law does not allow states to decide on their own, in fact, it prohibits them from doing so (OTOH, on state authorized medical marijuana, there is also federal law tied to spending bills for the last several years prohibiting federal enforcement that interferes with the state implementation, but an enforcement moratorium isn't legalization.)
It's not legal and illegal at the same time. It is not prohibited by state law, and prohibited by federal law. It is, therefore, illegal, plain and simple.
Much like California's prison policies few years back: they were exactly what state law specified, but violated federal law. They weren't in some weird legal-illegal contradictory state, they were illegal.
> As long as the feds let the states decide on their own
Federal law does not allow states to decide on their own, in fact, it prohibits them from doing so (OTOH, on state authorized medical marijuana, there is also federal law tied to spending bills for the last several years prohibiting federal enforcement that interferes with the state implementation, but an enforcement moratorium isn't legalization.)