Preemption

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.

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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