Could a US State commit a Federal crime?

[robert_columbia]

Could a State of the United States commit a Federal offense? E.g. could a State with legal Medical Marijuana be charged as a drug offender?

E.g. Case: United States v. California. The charges: Transporting Marijuana in Interstate or Foreign Commerce, Money Laundering, Racketeering.

It seems clear that, based on Sovereign Immunity and or other legal principles, a State cannot commit a crime against itself, but this question relates to the State commiting an offense against the United States, or the US Federal Government, etc.

[dtilque]

Does insurrection/succession count?

[Nametag]

IANAL, but I think only individuals can be prosecuted under criminal codes, unless a statute specifically provides otherwise. I don’t see that such an exception has been included in the drug laws. Normally, charges will be brought against the members or leaders of a criminal organization, not against the organization itself. Even civil suits against a government often specify individual officers – Roe v. Wade, Perry v. Schwarzenegger, etc. – even when those officers have little involvement in the acts in question.

[friedo]

@Nametag

IANAL, but I think only individuals can be prosecuted under criminal codes, unless a statute specifically provides otherwise. I don’t see that such an exception has been included in the drug laws. Normally, charges will be brought against the members or leaders of a criminal organization, not against the organization itself. Even civil suits against a government often specify individual officers – Roe v. Wade, Perry v. Schwarzenegger, etc. – even when those officers have little involvement in the acts in question.

Corporations are charged with crimes from time to time. It’s unusual, because the burden of proof for convicting an entire corporation (as opposed to the individuals who did the bad stuff) is high. Probably the most high-profile case was Arthur Andersen LLP, whose conviction was actually overturned.

[yabob]

Could crimes by state officials theoretically result in a state being declared a criminal enterprise under RICO? I’ve never even heard of it being applied to an entire municipal government, but the Key West Police Department was declared a criminal enterprise when several high ranking members were charged with running a protection racket for cocaine trafficking.