Smoke medical Pot; lose your CCW

[GUNS-R-US]

Alcohol IS a controlled substance, you have to meet guidelines that are FEDERALLY required of the state, the state may decide what they are,

 but the FEDS say the state has to establish them.

The first part of that is contradictory. Guidelines that are federally required can't be decided by the State. They are Federal guidelines.

 The second part I think is more like the FED says to the state you will establish these standards or you won't get any Federal funds! i.e. Bribery

[tombogan03884]

 The fed says you have to have guide lines, Here is some guidance, the age limit can not be lower than 18, we don't care how HIGH you put it.

[david86440]

http://www.deadiversion.usdoj.gov/21cfr/cfr/2108cfrt.htm

Code of Federal Regulations

SECTION 1308

SCHEDULES OF CONTROLLED SUBSTANCES

I don't see Bud, Coor's, Miller, Jack, Jim or Bacardi on the list.

[Timothy]

The fed says you have to have guide lines, Here is some guidance, the age limit can not be lower than 18, we don't care how HIGH you put it.

I working in a bar in 1978, 79, 80, 81 and 82 during the transition from 18 back to 21.  It WAS left to the states as too what they chose to raise the age limit.  It was a real pain to try and keep track of those that were on the cusp, were grandfathered in because they had already passed the limit but were too young again the following year.  Michigan raised the age from 18-21 over a three year period and it was a total clusterf**k...

But, it was left to the states, just like other so called rights that are NOT enumerated in our Consitution!  the Feds control the booze commerce and transportation issues but it's left to the states how they administer them.  For example, MI never allowed a bar or nightclub to serve alcohol that was not purchased from a licensed distributor.  You could not drive down the road to the local packy and serve the booze you bought there.  Completely illegal.

[tombogan03884]

 Then I've been in clubs in NC where you had to bring your own booze and they supplied you mixer and glasses. When you left you could take the remainder with you or they could store it for your next visit.

[Sponsor]

[Timothy]

I stand corrected, according to Davids link and Cornell Law school, alcohols IS NOT a controlled substance...

Health and other public concerns have generated detailed Federal and state regulation of the sale and possession of alcoholic beverages, tobacco products, and a wide range of other "controlled substances." The distinctive history of Prohibition, repealed by the Twenty-First Amendment to the U.S. Constitution, gives particular complexity to the mix of Federal and state law governing alcohol.

Absent any specific regulation, these substances are treated like all other forms of personal property. However, the general rights of property are subject to so-called "police power" regulations of the state, local, and federal governments.

The regulation of alcohol is generally focused on "intoxicating beverages" with the exact definition of "intoxicating" varying from statute to statute. In many jurisdictions, it has been held that the list of liquors subject to regulatory or prohibitive enactments, particularly when such a list is followed by an expression akin to "or other intoxicating liquors" must be intoxicating in fact. Many statutes either refer to "intoxicating liquors" generally, or prescribe an alcoholic percentage cut off. In Mississippi, it has been held that the prohibition of the sale of alcoholic liquor does not apply to a beverage containing less than two tenths of one percent (0.2%) of alcohol.

The police powers of the Federal government are limited to regulating matters which are connected with one of the powers expressly granted to the government by the U.S. Constitution, and which do not infringe on the police powers of the states. This means that the Federal government lacks the power to regulate liquor sales by one citizen to another within the territorial limits of a given state, or to prescribe liquor-related business within any state. Because of the commerce clause, however, the Federal government can and does regulate the importation and interstate transportation of intoxicating liquors; see the Federal Alcohol Administration Act of 1935, 27 U.S.C. §§ 201 et seq.. The federal government also has the power to regulate liquor sales in D.C., and where it has exclusive authority such as on government owned military reservations, and with Indian tribes. In all other situations, the states' police power controls alcoholic beverage law. The federal government has, however, used financial incentives built into its funding of highways to establish a national minimum drinking age. See 23 U.S.C. § 158.

http://topics.law.cornell.edu/wex/Alcohol

[Timothy]

Then I've been in clubs in NC where you had to bring your own booze and they supplied you mixer and glasses. When you left you could take the remainder with you or they could store it for your next visit.

They had those in CA as well but we could buy a bottle at last call and untill 4 am, the barkeeps would sell us mixers for our booze...

If I recall, in order to force most states back to 21 years of age, the Feds imposed reduced federal transportation dollars handed ou to the states until they change their drinking ages.  Take away money from the state and force them to do your bidding!  Sound familiar?

[PegLeg45]

They had those in CA as well but we could buy a bottle at last call and untill 4 am, the barkeeps would sell us mixers for our booze...

If I recall, in order to force most states back to 21 years of age, the Feds imposed reduced federal transportation dollars handed ou to the states until they change their drinking ages.  Take away money from the state and force them to do your bidding!  Sound familiar?

Yeah, same thing they did with seat belt use. Set guidelines, but leave it up to the state as to whether they adopted them or not.... and if not, states lost out on Federal highway dollars.