Marijuana Laws and the Supremacy Clause (user search)
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  Marijuana Laws and the Supremacy Clause (search mode)
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Poll
Question: Is it unconstitutional for states to legalize marajuana given federal law against it?
#1
Yes, and it should be enforced as long as the law remains.
 
#2
Yes, but don't enforce it.
 
#3
No
 
#4
Unsure.
 
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Partisan results

Total Voters: 24

Author Topic: Marijuana Laws and the Supremacy Clause  (Read 3471 times)
True Federalist (진정한 연방 주의자)
Ernest
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Posts: 42,144
United States


« on: April 21, 2017, 06:53:41 PM »

The slightly better version of the argument is that when a state not only decriminalizes marijuana but also enacts a comprehensive scheme regulating and taxing marijuana, that scheme undermines the federal regulatory scheme designed to prohibit marijuana and therefore the state regulations are preempted by federal law. Nebraska and Oklahoma tried to make a version of this argument in their suit against Colorado, but SCOTUS through out the case without giving an opinion.
If anyone has standing on that argument, it's the Federal government, not a State government.  The very last thing the court should be doing is ruling that a State has to alter its law to make it easier for another State to administer its own laws.
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