General Question

Strauss's avatar

SCOTUS has declared (rightfully so, IMHO) that all states must honor and recognize same sex marriages from other states. Do you think this is any indication of how the cannabis legalization will go?

Asked by Strauss (23618points) June 26th, 2015

Marijuana has been legalized and regulated in several states, sometimes for medical use, sometimes for both medical and recreational use. Same sex marriage was also recognized on a state-by-state basis, until today (6/26/15), when SCOTUS declared that same sex marriage performed in one state must be recognized by all other states.

I realize these are two completely different and independent issues, but is the process comparable? Do you think this is the way pot and hemp will be legalized and decriminalized on a federal level in the US?

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10 Answers

stanleybmanly's avatar

I don’t think so. The reason Scotus had its hand forced on Gay Marriage was that just like the rest of us the court couldn’t get around the fact that marriage is a matter of civil rights

bossob's avatar

Pot will probably remain a state’s issue, although the Feds may decriminalize it.

The big difference is that pot isn’t a civil right; it’s a product. States already ban certain products from being sold, without repercussions from the Feds.

dappled_leaves's avatar

No, I don’t think it’s an indication because (a) the two issues are totally separate and (b) your Supreme Court is not very liberal. I don’t expect them to simply choose the “liberal side” of any argument, whatever that might mean.

jerv's avatar

Doubtful. If I were a betting man, I would wager that they might strike down federal laws in favor of leaving it to the states. I’m not sure they would make medical exceptions either.

Buttonstc's avatar

Well if they do I’m expecting Scalia to have a stroke on the spot and be rendered speechless (but since “words have no meaning” it won’t much matter :)

But I think it’s two totally separate issues. They might bend a little regarding its medical use because, by and large, the Feds are basically turning a blind eye on medical clinics.

And that’s the only area in which I see any parallels at all. Denial of medical marijuana can cause severe hardship to people’s well being.

Likewise, denial of marriage rights makes life unnecessarily difficult for gay couples, particularly those with children who want to provide stability for them should something unexpected happen to either partner.

But recreational pot is simply that. And denying someone their choice of recreational substance doesn’t rise to the level of necessity in the same way as being legally married or treatment for a serious medical issue.

The only reason I think that medical MJ stands an outside chance is because more and more medical professionals are getting on board with it. That even includes Sanjay Gupta who was offered the position of Surgeon General several years ago. Even tho he turned it down for family reasons, his is still a respected voice so his endorsement of medical MJ carries quite a bit of weight.

But I just don’t see marijuana being totally legalized anytime soon.

Perhaps if there are no adverse consequences after several years in the states who have legalized it it might be reconsidered.

But all this time has passed and Denmark hasn’t gone to hell in a handbasket yet but I guess they aren’t taking that into consideration.

But, yippee for gay marriage. It’s about time.

gorillapaws's avatar

This is a bit like the Dred Scott Decision, only a good thing for the country.

Inara27's avatar

No. Marriage equality is a basic right, and especially when it conveys a different legal status, benefits, etc. This is where the 14th Amendment came in (equal protection under the law).

The use of cannabis or any other substance does not fit this argument, since an individual’s legal status is not affected by laws that vary from state to state. There are still numerous dry counties that ban the sale of alcohol, so he idea of “weed-free” states or counties has legal precedence.

kritiper's avatar

Marriage doesn’t generate tax revenue like legal pot would. BIG difference!

Judi's avatar

The DEA might reduce it on its list of priorities but we won’t even get a chance to fix the gerrymandering that has given the Republicans control of the legislature until after the 2020 elections.
If enough people get involved and fix that then maybe we will some day have Democratic Senators and Congresspeople again and we might have a chance at decriminalization nation wide. My guess is it won’t happen for another 10 years. Hope I’m wrong.

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