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Anorak | Smurfing: how the US war on drugs makes criminals of tourists

Smurfing: how the US war on drugs makes criminals of tourists

by | 11th, June 2013

THE USA’s attitude to marijuana is mixed. Brannon P. Denning, Samford University Cumberland School of Law, considers the problem of one American’s rights being another man’s crime in a paper called:   One Toke Over the (State) Line: Constitutional Restrictions on State ‘Pot Tourism’ Restrictions :

Among the myriad legal issues confronting states like Colorado that are experimenting with the legalization of marijuana is the need to regulate “pot tourism” by persons from other states where marijuana is not legal. In Colorado, the final recommendations from the Amendment 64 Implementation Task Force included a proposal, “to limit purchases by state residents to an ounce at a time and to a quarter of an ounce for out-of-state visitors.” The lower restrictions for nonresidents are designed to deter pot tourists from “smurfing” — visiting a number of different dispensaries to accumulate larger amounts of marijuana with a view to illegally reselling the pot. Colorado’s legislature adopted the Task Force’s recommendation in House Bill 1317, recently signed into law by Colorado’s governor, which established the regulatory framework for the legal sale of marijuana. Among its provisions is a quarter-ounce purchase limit for nonresidents.

Smurfing? Why not just legalise it everywhere to stop the crime?

Treating purchasers of a legal product differently based on state residency implicates constitutional doctrines that limit a state’s ability to discriminate against nonresidents. This essay examines the Colorado recommendation in light of two of those doctrines: the Privileges and Immunities Clause of Article IV, Section 2; and the Dormant Commerce Clause Doctrine (DCCD). At first glance, Colorado’s facially discriminatory law appears to be almost certainly unconstitutional under current doctrine.

Weed use has  been destigmatized , but it remins illegal and its use, especially in young teenagers, is not without dangers to health.

Sean Trende  looks at how attitudes to marijuana have

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Posted: 11th, June 2013 | In: News Comment | Follow the Comments on our RSS feed: RSS 2.0 | TrackBack | Permalink