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Author Topic: Marijuana Laws  (Read 12779 times)

Jerry

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Re: Marijuana Laws
« Reply #30 on: June 28, 2012, 11:11:18 pm »

How do the Nov 6 potentials stand on this issue?

Rumor is the Libertarian is in favor of medical marijuana, both likely Democrats candidates are in favor and Kevin Smith, an unlikely Republican candidate is against medical marijuana.  I haven't heard anything on where the likely Republican candidate stands on the issue.


We were sitting around the fire tonight at Burning Porcupine in Grafton with the Libertarian candidate for governor, John Babiarz, and I can report he stated he is in favor of medical marijuana. (duh)  ;)

He also said he was the only candidate to mention medical marijuana at the candidates forum

He'll be back tomorrow night for the fireworks if you want to come by and chat with him.
« Last Edit: June 28, 2012, 11:37:16 pm by Jerry »
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JasonPSorens

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Re: Marijuana Laws
« Reply #31 on: June 29, 2012, 10:31:56 am »

No state has town nullification of state laws.
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"Educate your children, educate yourselves, in the love for the freedom of others, for only in this way will your own freedom not be a gratuitous gift from fate. You will be aware of its worth and will have the courage to defend it." --Joaquim Nabuco (1883), Abolitionism

TJames

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TJames

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Re: Marijuana Laws
« Reply #33 on: June 29, 2012, 12:07:44 pm »

Still, is it good or bad that New Hampshire is highly centralized?
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freedomroad

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Re: Marijuana Laws
« Reply #34 on: June 29, 2012, 12:38:28 pm »

Still, is it good or bad that New Hampshire is highly centralized?

It is good that local governments are often not allowed to make laws more oppressive than state laws.  It is also good that NH has the least centralized taxing structure in the US.  That way, people who want to live in towns with low taxes are able to and people who want to live in towns with high taxes are able to do that. 
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JasonPSorens

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Re: Marijuana Laws
« Reply #35 on: June 29, 2012, 01:34:13 pm »

No state has town nullification of state laws.

http://blog.tenthamendmentcenter.com/2011/03/maine-town-declares-food-sovereignty-nullifies-conflicting-laws/

Educate me then.

Well, a town can pass a resolution claiming to nullify something, but that doesn't mean it's legally effective or that any court will recognize it. Towns are creatures of state government, so they lack sovereignty (unlike states, which are not creatures of the federal government).
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"Educate your children, educate yourselves, in the love for the freedom of others, for only in this way will your own freedom not be a gratuitous gift from fate. You will be aware of its worth and will have the courage to defend it." --Joaquim Nabuco (1883), Abolitionism

John Edward Mercier

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Re: Marijuana Laws
« Reply #36 on: June 29, 2012, 01:44:59 pm »

Still, is it good or bad that New Hampshire is highly centralized?

It is good that local governments are often not allowed to make laws more oppressive than state laws.  It is also good that NH has the least centralized taxing structure in the US.  That way, people who want to live in towns with low taxes are able to and people who want to live in towns with high taxes are able to do that. 
NH towns can make more oppressive statute... depending on the will of the Legislature to prevent such. And I'm not so certain that we have the least centralized... the system may be unique, but it shares characteristics of others.
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freedomroad

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Re: Marijuana Laws
« Reply #37 on: June 29, 2012, 02:39:33 pm »

NH towns can make more oppressive statute... depending on the will of the Legislature to prevent such. And I'm not so certain that we have the least centralized... the system may be unique, but it shares characteristics of others.

I agree that depending on the issue, NH isn't very centrally controlled.  For example, zoning.

As for NH having the least centralized tax structure in the US, it certainly appears that way to me but I may be wrong.

Quote
Special economic circumstances or policy decisions have led some states to develop revenue systems that do not rely on a broad range of revenue sources. States with extensive mineral resources (such as Wyoming), unique tourist attractions (such as Florida), or particular concern for decentralization (such as New Hampshire) rely on more narrowly based tax systems than most states.
http://www.ncsl.org/issues-research/budget/principles-of-a-high-quality-state-revenue-system.aspx

Quote
To many observers, New Hampshire’s unique fiscal attributes -- low tax
burden, decentralized fiscal arrangements, and the lack of a broad-based
income or sales tax...
http://webcache.googleusercontent.com/search?q=cache:J-oxCbkfEwEJ:www.bos.frb.org/economic/neppc/professional/nhcommission.pdf+&cd=10&hl=en&ct=clnk&gl=us&client=firefox-a

Quote
Many households and businesses are attracted to New Hampshire because its
tax burden is low and its fiscal system decentralized.
http://webcache.googleusercontent.com/search?q=cache:jTizS2qhDvMJ:dor.wa.gov/content/aboutus/statisticsandreports/wataxstudy/NH_rept2.pdf+&cd=1&hl=en&ct=clnk&gl=us&client=firefox-a

Quote
But Jere Daniell, a historian at Dartmouth College who specializes in the history and the mores of New England, argues that New Hampshire is now actually in the vanguard of American politics.
"The most powerful political force in America today is decentralization," Professor Daniell said, "and this is by far the most decentralized state."
In this respect, he added, "New Hampshire is the most radical state in the Union."
http://www.nytimes.com/1996/02/18/us/the-political-terrain-where-the-government-is-kept-at-arm-s-length.html?pagewanted=all&src=pm

Quote
Many of New Hampshire’s citizens take great pride in their state’s limited, decentralized government.
http://www.bos.frb.org/economic/nerr/rr2001/q3/granite.htm
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TJames

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Re: Marijuana Laws
« Reply #38 on: June 29, 2012, 03:36:19 pm »

Would it be proper to say that none of the states are alliances such as federations or confederacies? Each state has a national government?
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JasonPSorens

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Re: Marijuana Laws
« Reply #39 on: June 29, 2012, 09:17:14 pm »

Would it be proper to say that none of the states are alliances such as federations or confederacies? Each state has a national government?

Sure, you could think of it that way. Constitutionally speaking, the states were created by the people directly, rather than by the people organized into localities. Whether that's desirable or not is another question. With substantial population growth since the 1700s, even a medium-sized city is larger than any state was then. So a second layer of federalism would be an interesting idea.
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"Educate your children, educate yourselves, in the love for the freedom of others, for only in this way will your own freedom not be a gratuitous gift from fate. You will be aware of its worth and will have the courage to defend it." --Joaquim Nabuco (1883), Abolitionism

MaineShark

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Re: Marijuana Laws
« Reply #40 on: June 30, 2012, 09:18:56 am »

Well, a town can pass a resolution claiming to nullify something, but that doesn't mean it's legally effective or that any court will recognize it. Towns are creatures of state government, so they lack sovereignty (unlike states, which are not creatures of the federal government).

That's Dillon Rule.  Many places (NH included) operate under Dillon Rule.  Cooley Doctrine asserts that State power derives from power delegated to it by the localities.

Depending upon exactly how one reads the caselaw (there does not tend to be a specific statement somewhere which defines the matter - it's the subject of the legal theory implied in the particular State's constitution, as interpreted in actual practice), roughly 80% of US states are Dillon Rule states, and roughly 20% are Cooley Doctrine states.

And, depending upon how the courts have interpreted things, the practical balance between local and State authority varies along a continuum.  There are some studies that have attempted to rank the degree of local control.
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JasonPSorens

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Re: Marijuana Laws
« Reply #41 on: June 30, 2012, 08:02:32 pm »

You're right, but from what I've read, there hasn't been much effective difference between the two types of states in governing style or decentralization. I'm more familiar with the fiscal side of decentralization, where NH is one of the more decentralized states in the country (notwithstanding the Claremont cases). In gun laws, home-rule states are often worse because they allow localities to impose more stringent gun laws than the state does (typically, cities like Omaha take advantage). I understand the benefits of local autonomy in theory, but there are also advantages to having a "common market," with which local autonomy can interfere. (Imagine having different insurance laws or tort systems in every town.)
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"Educate your children, educate yourselves, in the love for the freedom of others, for only in this way will your own freedom not be a gratuitous gift from fate. You will be aware of its worth and will have the courage to defend it." --Joaquim Nabuco (1883), Abolitionism

KBCraig

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Re: Marijuana Laws
« Reply #42 on: June 30, 2012, 08:50:25 pm »

No state has town nullification of state laws.

http://blog.tenthamendmentcenter.com/2011/03/maine-town-declares-food-sovereignty-nullifies-conflicting-laws/

Educate me then.

Well, a town can pass a resolution claiming to nullify something, but that doesn't mean it's legally effective or that any court will recognize it. Towns are creatures of state government, so they lack sovereignty (unlike states, which are not creatures of the federal government).

The easiest and most effective way for a town to sort of nullify a state law, is to simply refuse to enforce it. Voters in Eureka Springs, Arkansas, along with a few other municipalities around the country, passed a form of nullification by declaring that the city cannot spend money enforcing marijuana laws.

That's a small example, one which other LE agencies can pull an end run on, but it works for the voters and taxpayers of those towns.
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John Edward Mercier

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Re: Marijuana Laws
« Reply #43 on: July 01, 2012, 12:38:39 am »

Receivership.
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John Edward Mercier

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Re: Marijuana Laws
« Reply #44 on: July 01, 2012, 01:03:31 am »

NH towns can make more oppressive statute... depending on the will of the Legislature to prevent such. And I'm not so certain that we have the least centralized... the system may be unique, but it shares characteristics of others.

I agree that depending on the issue, NH isn't very centrally controlled.  For example, zoning.

As for NH having the least centralized tax structure in the US, it certainly appears that way to me but I may be wrong.

As I stated. It depends upon how you look at it. NH uses a more effecient taxing policy, but the basic characteristics can be found to match other States. Imagine a State that uses a singular broad-based sales tax, but then has an extensive list of exemptions. NH instead uses several specific sales taxes... with very limited exemptions. The same goes with our format for income taxes.
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