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The Judge's Take on Pot Vote

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    FOX News senior judicial analyst Judge Andrew Napolitano on Colorado's vote to legalize marijuana.

  • Duration 3:18
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Colorado have voting to legalize marijuana for recreational use 53% of voters saying yeah.

From this measure or something a woman's right on the state of Washington also died doing the same thing didn't judge Andrew to politic -- -- here.

Fox News judicial analyst I guess this is our feel good story of of the del -- then there's a lot of interest thing implications here guys one is political because the legislature in Colorado turn.

This down.

So the people -- above the heads of their own government and not every state permit you to do that so the people obviously trumped the legislature and in Washington.

Legislature declined to hear it and the people -- above the heads.

But that most interesting one I think -- we're talking about this during the break as a clash between the federal government in the states.

The use and possession of marijuana for all purposes there are some very minor exceptions like laboratory -- but basically private personal individual use.

Even for medicinal purposes.

Is a felony under federal law.

So -- the feds enforce the federal law at the state level even in the state.

Well we don't know what they'll do but we do know that they have a weird it to say it fast track record with respect to medicinal marijuana.

Now medicinal marijuana.

You can only get with a prescription from a doctor and you can only get a from a facility licensed by the state.

So the California has authorized doctors to prescribe it and has licensed facilities to distribute it.

And those places have been raided by the feds like they'd bear raid a he had an -- -- And in a city where opium is -- which is everywhere in the world.

Least they did that in California.

In Oakland California Montclair New Jersey they let these they let them medical marijuana facility.

Flourish thrive and survive Saturday decide what to enforce them not to enforce what's -- interest again and all -- legal angles or interest and the sort of political angles on this in Europe the libertarian.

I'm rob polls on yesterday by the way on the show and then last night turn -- -- -- tough night for Republicans and Brent Romney lost.

This issue and issues like get better embraced by libertarians.

Do you think the Republican party of its all -- new Republican Party now.

Maybe moves more towards these -- issues to get younger voters -- there's too many old -- duds in the Republican Party but if they recognize that certain issues.

Can appeal to areas where we know -- we -- we know that from looking at the exit polls last night -- weak among young people.

This would attract young people.

To the Republican Party without impairing other values at the Republican Party may have but I don't think that this is the biggest.

Attraction.

For young people I think it's and attraction I think the Republican Party.

It's gonna go through some soul searching and some blood -- has it decides what it stands for and where it wants to go.

And the last time the Republican Party had up a libertarian.

Pol who mainstream media thought was a little -- he was the most successful.

Republican candidate and president in the post World War II era his name is Ronald Reagan so.

We probably need a very attractive candidate with a very serious and clearly defined message.

I think the governor Romney.

And I'm sorry lost but I think that governor Romney's message was so model he tried to be so many things to so many people that he ended up losing.

A lot of people -- -- -- -- -- -- -- -- -- --