Today, we witnessed a striking event as another Democrat lawmaker—the Comptroller of NYC and a candidate for Mayor—was arrested by ICE immediately after leaving a courtroom. This Mayoral Candidate had taken a stand as an advocate for an individual facing deportation.
In response, many politicians supporting President Trump proclaimed, “We are a Nation of Law. Laws must be enforced. We can’t pick and choose!”
This raises a critical question: How many pot dispensaries are currently operational in Arizona, California, Colorado, and other states that have chosen to decriminalize marijuana?
This isn't just a rhetorical question; it gets to the heart of the matter: Why are these establishments allowed to thrive while openly violating federal law? Where is the DEA? How are they operating in defiance of federal regulations?
I often hear the retort, “That’s different; it’s a ‘states' rights issue.’ If arrests happen, the Courts would intervene…”
However, we must confront the reality that the Supreme Court of the United States already addressed this matter in Gonzalez v. Raich, 545 U.S. 1 (2005). In that ruling, the Justices unequivocally rejected the states' rights argument, asserting that federal law takes precedence over state law in this case.
So, how can these dispensaries continue to operate? The answer is clear: we are indeed a nation of laws, but those laws are not enforced uniformly. The U.S. government selectively chooses which laws to uphold. Presently, pot dispensaries persist because of Presidential memoranda and orders directing the Justice Department not to enforce specific drug laws.
The next time you hear about opposition politicians and officials being arrested, and someone insists, “Laws must be enforced,” remember this: U.S. law is not consistently enforced, and significant discretion is given to prosecutors and the Justice Department regarding when and how they choose to enforce the law. The reality is, enforcement is often a matter of choice, not obligation.
