ATF is federal, so if states want the right to use pot, don't they also have the responsibility to police it? Sort of like the water issues in Michigan, they don't come in unless the state is in a 'pickle', and requests their help?
I think this should be true for any state choice. Isn't it already? I'm a mess. I don't know these things. Sorry.
Well it's like gun laws. The states have "policing authority" over the sale, licensing and distribution of firearms, but the 2d Ammendment prohibits any state or municipality from completely restricting gun ownership. They can make you wait, go through a background check, get a certain kind of license for certain kinds of firearms, register your firearms, and make you jump through hoops....but ultimately they cannot usurp Constitutional authority.
In 1880, after the murder of Marshal Ed White in Tombstone, Arizona, the town council outlawed the carrying of loaded firearms within the city limits of Tombstone. It was one of a series of circumstances that led to the gunfight between the Earps and the Clanton gang. And since the 1950s, the largest percentage of the town's e economy has been generated through tourism. When tourists visit Tombstone they expect to see reenactors carrying holstered sidearms. Now, since the 1950s, you could carry a sidearm within city limits, but you could not have your firearm loaded with projectile ammunition. The ammo had to be blanks, or you had to carry the gun empty. You also had to register your firearm with the Tombstone Marshall's office, obtain a permit, and carry it with you at all times.
Here is the problem. Arizona has always been an open carry state. You can carry a holstered, fully loaded revolver or semi-automatic on your person, in plain view, in public, at any time. The only restriction is that you cannot carry a gun into a liquor store, bar, government building or public school. Well a few years back there was a lawsuit filed against he city of Tombstone with the Federal Circuit Court wherein the plaintiffs said that the municipality of Tombstone could not legally prohibit the carry the of loaded firearms, and that the 1880 ordinance was unlawful since it usurped the State of Arizona's authority to police and oversee the sales, carry and ownership of firearms. The court agreed with the plaintiffs and Tombstone's ordinance was essentially declared null and void.
Now every nutcase (and unfortunately Tombstone has more than its fair share) who thinks he is Wyatt Earp's long lost great grandson, can carry a fully loaded Colt .45 on his hip with no restriction. It's sobering to go to that town and see dozens of reenactors, hawkers and store owners packing big iron at all times.