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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