Alaskans vote to legalize marijuana

Re:Alaskans vote to legalize marijuana by mikeash on Wednesday November 05, 2014 @01:13PM (#8563224)

Marijuana laws are up to Congress, not the executive. They have discretion in how they enforce the laws to an extent, but they shouldn't just ignore them.

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Re:Alaskans vote to legalize marijuana by themartorana on Wednesday November 05, 2014 @02:19PM (#8563665)

Congress makes the laws, the Executive enforces them, SCOTUS determines their Constitutionality. So in fact, one check that the Executive can have on the Legislative is in not enforcing laws.

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Re:Alaskans vote to legalize marijuana by ams6110 on Wednesday November 05, 2014 @03:24PM (#8564057)

There is an obligation on the part of the executive to enforce the laws passed by congress. The constitution requires that he "take care that the laws be faithfully executed." Clearly there's some room for prioritization and allocation of scarce resources but he can't just ignore them. The Executive's check on the legislative branch is the veto power.

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Re:Alaskans vote to legalize marijuana by pmoriarty on Wednesday November 05, 2014 @11:44PM (#8565817)

There are at least two was to interpret that phrase:

1 - he must take care that when the laws are executed, they are done so faithfully.

2 - he must execute all the laws, and do so faithfully.

The first of these interpretations does not require that every law be executed.

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Re:Alaskans vote to legalize marijuana by dllthomas on Wednesday November 05, 2014 @11:57PM (#8565843)

"The Executive's check on the legislative branch is the veto power."

The President also has the "power to grant reprieves and pardons for offenses against the United States". Choosing not to enforce something is in fact a weaker exercise of power than pardon, as it preserves the ability of future administrations to prosecute current infractions.

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Re:Alaskans vote to legalize marijuana by smsm42 on Thursday November 06, 2014 @08:10PM (#8570789)

There is a concept of prosecutorial discretion, and the current administration is not shy at all of using it.

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Re:Alaskans vote to legalize marijuana by WildUtah on Thursday November 06, 2014 @02:38AM (#8566129)

The Controlled Substances Act of 1970 grants the head of the Food and Drug Administration authority to designate and remove illegal drugs from the schedules of controlled substances. The FDA can remove marijuana at any time and as long as the DEA director doesn't object, that is the law.

The DEA and FDA directors serve at the pleasure of the president. Thus, Obama can legalize marijuana if he wants to. He doesn't remotely want to.

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Re:Alaskans vote to legalize marijuana by mikeash on Thursday November 06, 2014 @10:12AM (#8567304)

Interesting! I had thought that at least some drugs like marijuana were directly enshrined in the law.

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