4 ms·
> Can a state override any federal law? No, by the "Supremacy clause" of the Constitution. > Could federal-level law enforcement theoretically charge someone
by taejo 8y ago
> Can a state override any federal law?
No, by the "Supremacy clause" of the Constitution.
> Could federal-level law enforcement theoretically charge someone in a cannabis-legal state for drug offenses?
Yes. Because people interact much more with local police than federal police, it makes a big difference whether or not the local police enforce these laws. The Obama administration also chose not to enforce federal marijuana laws in states with less restrictive state laws. But both of these relate to enforcement rather than legality.
- kevin_b_er 8y agoThe supremacy clause combined with interstate commerce clause. Because any action might have a ripple-of-butterfly-wings effect on commerce, the federal law can claim interstate commerce would be affected. So it can supersede many state laws. You'll find various claims of "State's Rights" where politically convenient vs supremacy clause where convenient depending on political scores.
- gremlinsinc 8y agoActually, IIRC/IANAL, SINCE recreational use is legal in D.C., federally the government's hands are tied, because I believe what is legal in D.C. is legal in all federal jurisdictions (except where state laws says otherwise), so Federally, I believe Marijuana is no longer prosecutable per se, I could be wrong -- but states that still ban it can prosecute since it's their state law.
- taejo 8y agoSounds like a legal urban legend.
- gremlinsinc 8y agoMaybe, I heard it on here, and they probably were 'IANAL' too.