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There's no conflict between federal and state law here - marijuana is illegal under federal law and not under state law (depending on the state). This isn't an
by gozur88 10y ago
There's no conflict between federal and state law here - marijuana is illegal under federal law and not under state law (depending on the state).
This isn't an abnormal situation. There are lots of things that are illegal under state laws that aren't illegal at the federal level and vice versa.
Marijuana is still a schedule 1 controlled substance under federal law, and you can be arrested by federal agents, who have jurisdiction in every state, for possession of any amount. It's not likely to actually happen, but it's another tool the feds can use if you annoy them.
Personally, I don't see the constitution gives Congress the power to outlaw possession of anything unless that thing crosses state lines. But over the years the courts have supported an alternate view.