The Supremacy Clause of the US Constitution generally preempts state laws that conflict with federal law, rendering them void. The federal Controlled Substances Act, which criminalizes the manufacture, distribution, and use of controlled substances, appears to conflict directly with state laws that “legalize” marijuana for recreational or medical purposes.

FDA and DEA Disagree Over CBD Scheduling Under Law

By Nathalie Bougenies

Attorney Nathalie Bougenies tracks the approval process between federal agencies on the rescheduling of CBD and its use for epilepsy. She recently discovered that when the FDA shared its conclusions with the DEA that CBD and its salts could be removed from legal control, the DEA responded that removing CBD from the CSA would violate international drug treaties to which the United States is a signatory!

Federal Cannabis Prohibition: Is The End Finally Near?

By Habib Bentaleb

Instead of increasing prosecutions on cannabis, the federal government may take a different direction. Last week, President Trump told a U.S. Senator that Trump was willing to support a legislative solution to the tension between state laws that regulate cannabis activities and federal law. This is a move away from Trump’s prior position that he would treat this issue consistently with his “responsibility to take care that the laws be faithfully executed.”

Will marijuana make federalism go up in smoke?

By Jonathan H. Adler

Although the federal prohibition on marijuana casts a shadow over marijuana-related activities that were legalized under state law, there continues to be plenty of policy differences even among branches of the federal government.

Trump Spurns Congress as He Signals Medical Marijuana Fight

By Toluse Olorunnipa

When signing the federal budget bill last week, President Trump brought attention to a part of the bill that prohibits federal funds from being used to block states from implementing medical marijuana laws; Trump then said he would treat this part consistently with his “constitutional responsibility to take care that the laws be faithfully executed.”

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Is Medical Marijuana Cultivation More Than Just a Land-Use Issue?

By Henry G. Wykowski and Andrew F. Scher

In 2013, the California Supreme Court (in its Inland Empire decision) upheld the power of cities and counties to adopt land use ordinances that ban medical marijuana dispensaries. But the supreme court has not yet ruled on whether local entities may ban a qualified individual patient from cultivating his or her own medical marijuana.

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Lawsuit Challenging Fresno County Medical Marijuana Ordinance Allowed to Proceed

By Bonnie C. Maly, CEB Publications Attorney

Citing state Supreme Court precedent, a California appeals court allowed to proceed a suit challenging a Fresno County ordinance that classifies medical marijuana cultivation as a misdemeanor. However, the court rejected the Plaintiff’s challenge to the county’s ban on cultivation, saying that state laws do not expressly prevent a local government from restricting land use.

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OPINION: Maral v. City of Live Oak

221 Cal.App.4th 975 (2013)

The Third Appellate District held that the Compassionate Use Act protects patients and their caregivers from statutes prohibiting possession and cultivation, and protects physicians who recommend marijuana to their patients.

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Web Site: America's Weed Rush

This investigation of marijuana legalization in America is the 2015 project of the Carnegie-Knight News21 program, a national multimedia investigative reporting project produced by the nation’s top journalism students and graduates.

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