Now that nearly half of the US now have laws which either decriminalize, or legally use marijuana for medical purposes, what is the best way to challenge federal cannabis prohibition.

Now that nearly half of the US now have laws which either decriminalize, or legally use marijuana for medical purposes, what is the best way to challenge federal cannabis prohibition.

Any state that directly contradicts federal law is playing with fire, because the Constitution makes clear that federal law trumps state. The only reason states have “legal” marijuana is because the President has declined to enforce federal laws against marijuana there. The next President may not do the same thing, although it would be a public relations disaster. I can think of another example of a state government defying federal law. The President at the time didnt like it. It didnt go well for the state. Again, I dont think that is a possibility here, but its something to keep in mind. The federal laws regarding marijuana can only be changed by Congress or overturned by a court. The courts have upheld the Controlled Substances Act before and it has pretty strong legal footing, so thats out. With regards to Congress, it doesnt really matter how many states have legalized it, just how many Congressmen and Senators vote for it. Its hard to imagine representatives from a state with legal marijuana voting against it at the federal level, but its possible. Bottom line: dont get your hopes up. Recreational marijuana use is illegal in 47 states. This needs way more momentum before it becomes a federal issue.

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