SK3 Group Inc. (SKTO)

[shajandr]

The US Comprehensive Drug Abuse Prevention and Control Act of 1970, Pub. L. No. 91-513, 84 Stat. 1236 (Oct. 27, 1970); The Psychotropic Substances Act of 1978, 21 USC §801; The Controlled Substances Penalties Amendments Act of 1984, 98 Stat. 2068 (21 U.S.C. § 841(b); The Chemical Diversion and Trafficking Act of 1988, implementing the United Nations Convention against Illicit Traffict in Narcotic Drugs and Psychotropic Substances; and the Federal Analog Act (a specific section within the CSA), constitute the comprehensive regulation of illegal drugs and narcotics in the United States.

Thus, with the existence of this stringent legislation, the question is, how may these online dealers actually sale their products? They may only know. Online marihuana dealers and their buyers may straightforwardly be charged under Federal and state law for this practice.

The US Supreme Court has been consistent in holding that the Federal Government has the power to regulate and prohibit the possession of any and all drugs, even if state law favors them, under the Congressional power to "regulate commerce...among the several states." Online sales of marihuana will undisputedly fit within this Federal power.

Some US states have tried to pass legislation legalizing the use of small quantities of marihuana but most of they have been preempted by Federal law. For instance, California passed a bill allowing the use of marihuana for medical reasons with a valid doctor's prescription. This bill was invoked in the well-known case of Ashcroft v. Raich in 2004. Yet, the US Supreme Court ruled against Raich, a terminally ill woman who filed a lawsuit against the Federal government arguing that California law should apply in her case instead of the CSA. The Supreme Court held against Raich and found the California law was preempted by the CSA.