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Old August 14th 08, 05:11 PM posted to rec.radio.cb
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Your sole objective in posting here seems to be of a trolling nature,


I don't think The Dude is a troll, but Dude, answer this

Under Federal law, a state can NOT make food from another state
illegal, and if the person with the
food is travelling interstate, it falls under Federal law and not
state law.


Can you site that federal law. I've never heard of it.

yet you on a family vacation can go to a regular grocery store in
Appalachia, buy cans of food there, and when you get
into California, if a California cop catches you with those cans of
food you bought in Appalachia, you are now in very
very very serious legal trouble since California made a law declaring
that Appalachian food is illegal drugs, which
states can prohibit and make illegal under state law since Federal law
also prohibits and makes illegal drugs illegal.


Are you sure? I've never heard of food being classified as illegal drugs by
a state. I know California will dissallow food being brought into the state
due to bugs that cause crop blights. They just tell you you can't bring it
in. They don't charge you with a crime. I know this from personal
experience.


You are now in very very very serious legal trouble for using illegal
drugs, and being a drug dealer, and being a drug
dealer who gave minors (your kids) illegal drugs. And contributing to
the delinquency of minors.

And now the Feds can arrest you for using illegal drugs since
California police records "prove" you did.
Did you break the law or not?


Not true. The feds can only arrest and charge you under specific federal
laws that they must site when charging you. California can make milk
illegal and classify it as a narcotic. But unless there is a federal law
that also classifies it as a narcotic, the feds can't charge you with a
crime. It would be a state matter.

And heaven help the poor Appalachian family who actually eats some of
those cans of food in the next state right
before they get into California and then a California cop also gets
them on "traces of illegal drugs were found in
their blood".

Did that family break the law or not?


No.


remember, under Federal law, states are NOT allowed to make food from
other states illegal.

But under Federal law, states ARE allowed to arrest people for using,
distributing, and even simply just having illegal
drugs.


That's not really accurate, either. State laws are what allows a state to
arrest someone. A state cannot charge someone under a federal law just as a
federal prosecutor can't charge someone under a state law. It's a little
thing called jurisdiction. A state can only charge a person for having or
distributing drugs under a state law. The federal laws against possession
are only enforceable on federal property where the federal government has
"exclusive federal jurisdiction." I know this from my training in federal
law enforcement. This is only given by a state legislature and approved by
the Attorney General except in territories and on reservations where no
state has authority.

Sorry. Your argument sounds plausible; but the basic premise is inaccurate.

 
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