• Shrank7242@lemmy.zip
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    8 months ago

    I don’t think it’s as black / white when it comes to implementation as you suggest. Let me know if you know more, but it seems from my uninformed opinion that if the state laws don’t follow the federal law, state agencies don’t need to enforce.

    Turn state / federal law around for something a bit better to think about. Looking at cannabis legalization, many states have legalized it, though it’s still illegal federally. As you state and listed in the Wikipedia article, the states choose not to have their police agencies enforce the federal law. But federal law enforcement could come in and enforce it (they just have chosen not to).

    I think it’s a safe assumption that will work in the same way here? Maybe the federal government will choose to enforce their law over the states here? Not sure, but just my take. Not trying to defend this, I just wanted to call out and question how state law differences from federal don’t seem in practice to make much of a difference.

    • ME5SENGER_24@lemmy.world
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      8 months ago

      I’m also not an expert but my state legalized cannabis and my brothers and I were going to open a dispensary so I’ve got a bit of knowledge on that particular area.

      When it comes to cannabis retail businesses, they must remain in jurisdictions where cannabis is legal. The cannabis that a business sells must be grown, sold, used, and taxed within state lines — without using any federal land or means of commerce. This prevents cannabis businesses from using banks (which are federally regulated), deducting business expenses on their federal income taxes (which other businesses are allowed to do), and preventing farmers from using water from federally managed resources. I’m sure there’s plenty more the federal government can do to tighten its grip around the cannabis industry, but there’s a lot of activity on the federal level surrounding cannabis legalization.

      Now when it comes to a situation like we’re discussing in this thread, Florida may choose to act their own way but federal funding and other things the state enjoys could be at risk. Additionally let’s say things get violent because of DickSantis well then I will look to this US law:

      Title I of the Civil Rights Act of 1968, and its rider thr Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act