🎓 Dr. Freemo 🇳🇱 @freemo@social.cleverlibre.org

@LouisIngenthron

Correct there are other ways, all of which in some way deal with inter-state politics...

For example large operations for drugs gives probable cause that at least some of those drugs make it into other states.

Drug dcimes committed on federal property is considered federal jurisdiction

So yea there are quite a few ways, all of them boil down to the crime your committing extends outside of your state in one way or another.

@thegonzoism

@LouisIngenthron

I wish I remembered the case... there was one case in california where the feds came in and shutdown a grow operation but they were not found to violate any inter-state commerce, and thus state sovreignty was violated.... The state of california managed to sue the federal government over it. I wish I could remember the case....

@thegonzoism

@LouisIngenthron

Oh I am sure there are sources out there... I just dont have any and im not a lawyer so i wouldnt know where to look... My understanding comes from hours of lecturing by actual lawyers with my involvement int he cannabis industry.

@thegonzoism

@LouisIngenthron @thegonzoism

Just think about murder if you need another example.. if you commit murder you are usually tried in a state court and go to a state prison, despite it being federally illegal. Only time youll be tried in a federal court and go to federal prison is if the murder is somehow involved across state borders. like if you bury the body in another state.

@LouisIngenthron

The feds only have two ways to act on cannabis.. 1) you commit a cannbis crime across state boundaries 2) they sue the state itself in federal court.

@thegonzoism

@LouisIngenthron

I know its not the vbest argument, and I wish I had a source to cite... But I have worked closely with a lot ofpeople int he industry (including weed maps for example)... most of my knowledge on this comes from directly talking to them and/or their lawyers.

@thegonzoism

@LouisIngenthron

I've got a few connections with people who run grow houses and dispensaries.... its pretty common to avoid inter-state transactions for the reasons I've mentioned.

@thegonzoism

@LouisIngenthron @thegonzoism

Not sure how they limit it, but they make it very clear with a list of banks they accept.. its like 20 banks or so they have on a piece of paper you see at checkout. They look at your debit card before swiping it, I suspect to check the bank, but I dunno.

@LouisIngenthron

No they only take debit card purchasaes from in-state banks.. bank of america for example they wont take even as a debit card.. so it doesnt line up with your assumptions.

@thegonzoism

@LouisIngenthron

That would make no sense since you can use your debit card to make purchases so long as your bank is a local state bank (I do it all the time)...

But your right, banks that operate across states would get in trouble, which is exactly what I just said... but the banks that dont operate across states are free to do so. Which is why i cant use my visa when i buy it but i can use my local debit card just fine.

@thegonzoism

@LouisIngenthron @thegonzoism

It i called the commerce clause if you want to look it up. If gives the federal government jurisdiction over inter-state commerce.

@LouisIngenthron

By the way this is exactly why most cannabis sellers in legalized states cant use credit cards.. Credit cards cause commerse to go across state lines since the credit card companies operate internationally.. so simply taking credit cards is usually enough for the feds to be able to swoop in... But again as long as they are careful to not operate in any way across state lines they are safe due to the sovereignty of the state.

@thegonzoism

@LouisIngenthron

The reason most federal laws are enforcable is because they are recognized by the state, so the state will enforce them. In the case of cannabis laws the states refuse to nenforce the federal laws and thus most growers and sellers are untouchable.

@thegonzoism

@trinsec Damnit, really sorry! It keeps adding you back even after i removed you.

@LouisIngenthron

You can only take down a grow house if you can show some interstate commerce.. for example if you have a bank that exists out of state, or you ordered supplies from out of state... these are loopholes and yes often they are used to get someone on federal charges.. but most of the time if the organization is careful to operate entierly within the state then they are protected.

@thegonzoism @trinsec

@trinsec sorry

@LouisIngenthron @thegonzoism @trinsec

Its not complicated... if you break federal law but do so within the confines of a state then the federal governemtn cant legally act.. you must be tried by the state, and if hte state laws make what you did legal, then your found innocent regardless of federal law.

We see this constantly with all sorts of laws, namely cannabis. Federally illegal but you can literally safely sell it in the open without the federal government doing anything about it... why.. state sovreignty.