The Coalition to Preserve Arkansas Values filed a lawsuit with the Arkansas Supreme Court in August to remove Arkansas’ medicinal pot measure from the ballot. Arkansas Matters .com ran the following article on the lawsuit that I feel needs a thorough rebuttal. Seeing as here in Oregon I have heard several of the same false premises argued against our very own measure 80 to legalize pot and hemp statewide. I have taken it upon myself to correct some of the silly assertions made by Jerry Cox of the Family Council Action Committee in the article.
To begin with, Mr Cox asserts that the medical weed law is to use his words:
“… illegal because of federal statute passed by Congress. Only the federal government can change that. The Arkansas Constitution and the United States Constitution both prevent Arkansas from passing laws that blatantly defy federal law.”
Of course this assertion should not fool regular readers of the TAC, nor should it fool any person who truly understands the Constitution (US or Arkansas) or the American federal system for that matter, but for newcomers to the debate I will lay it out once more. The Supremacy clause only renders federal laws “in pursuance” of the Constitution’s enumerated authority the “supreme law of the land”.Details