Reptile & Amphibian Forums

What if states were to allow the transportation of said species across their lines? For example, let's say California decides to pass a law allowing the transport of the banned snakes into the state. I realize this would only benefit states bordering California. I also realize that the state the snake is leaving would have to also agree to pass similar legislation.

For comparison consider this, the federal government still say's marijuana is illegal, but states have found many ways around these laws. Is there perhaps something that can be done at the state level?

-Anthony

That would help a little, or it should be a state to state business, I understand Florida not wanting any more, but y make a law that affects all states when its a problem in only one really, the states should have some say about laws affecting the trade in their own state, agreed

Federal law supersedes State law. The Feds are arresting people in California every day for pot in California who are not violating California Law but are in violation of Federal law.
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Jeff Ronne Sr
The Boaphile
Director USARK

Originator of Boaphile Plastics
The Boaphile Boa Site

Yes, sadly there is is Nothing the States can do. Federal Trumps state. A better analogy is the Arizona Illegal immigration. Even though the state wants to do something, the FEDS won't let them.

In your Analogy of California Mr Ronne is right. People still can get in trouble for that BIG TIME by the Feds. I don't think we can get a Dr. Veterinary Prescription to travel outside state lines with our Pythons. Even if we have Glaucoma

Sadly you would get in a Lot more trouble carrying your Burm Python from Califoria to Nevada than you would with the "Marijana". If you have a Dr's note I don't know how much that really helps. Felony for the Snake. Probably Misdemenor for the other? I don't know for sure though.

A wake up call that it wasn't about the Everglades. This doesn't solve the problem. It was an assault on the TRADE of anyone who buys and sells these across the industry. It was a BIG assault on our rights to do business to further keep and breed the animals. It was a big Jimmy kick to all of us.
J

Please get people to understand it never
was about the glades

I've been watching the many comments of people with interest particularly those who advocate violating and/or ignoring the interstate transportation aspect of the newly enacted legislation.

As a federal criminal defense attorney I can assure you of the following: [Contrary to the opinions expressed in this forum and others]

1. The supremacy clause provides that Federal law will trump State law, hence there is no way for the states to legislate against the interstate transportation ban imposed by the Lacey act;

2. The United States Attorneys Office for the various districts within the country will have no problem in indicting individuals for wildlife smuggling in violation of the Lacey act;

3. United States District Courts will apply the United States Sentencing Guidelines for such violations and if deemed appropriate by the guidelines and or 18 U.S.C. 3553 [Booker] considerations will have no problem in imposing appropriate jail sentences;

4. The United States Bureau of Prisons will have no problem finding a cell for anyone convicted of and sentenced to custodial time for such a violation.

5. United States Fish and Wildlife clearly monitors and tracks individuals on this website and others;

Having handled many wildlife smuggling cases within the Central District of California, most recently the smuggling of lizards from Australia into the United States with the point of entry being Los Angeles, I can assure you that the Courts will hand out jail sentences for such violations. Think before you advocate and/or thoughtlessly publish in this forum or others the fact that you will not abide by the legislation and/or will surreptitiously transport banned animals across state lines.