Thread: Marijuana
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Old January 28, 2017   #8
dmforcier
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Join Date: Apr 2016
Location: Dallas, TX
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Yes, legality in the US is very confusing now as just about every state has different laws, and they are changing with every election. For instance, 3 of 4 referendi for some form of legalization passed in Nov. (Strangely, hyper-liberal Massachusetts Arizona did not pass theirs.) I don't think all of those changes have taken effect yet.

However, the Federal statutes have not changed. The Feds apparently have chosen not to press the issue for fear of a general revolt, which appears more and more likely as time goes. The thing is, the Feds were not permitted to make simple possession illegal as that power is reserved to the states (re: Amendment 10). But the power to tax is explicitly granted to the Gubbmint, so any exchange is taxed. This was a classic Catch-22 since any attempt to pay the Federal tax is an admission of possession or exchange, which - until recently - was a crime under all state law.

So while the Federal tax laws still apply, it is arguable that they don't apply to growing the evil weed if simple possession is legal in your state: no taxable exchange took place, therefore no Federal offense.


I've long held that Texas will legalize weed in my lifetime. I wonder how many decades I've got left?
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Last edited by dmforcier; January 28, 2017 at 01:42 PM. Reason: Wrong state
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