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Does federal law preempt state laws from legalizing marijuana?

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One's initial answer is likely that these state laws are preempted—that is, rendered void and unenforceable—because of the federal statute. ... read more

If federal law mandated that marijuana is now legal, people would simply turn to something else to defy the government. State laws vary drastically. It would be really neat if the Federal Government controlled what each state could mandate into law, such as, legalizing marijuana. read more

Raich (2005) deemed the federal marijuana prohibition to be a valid exercise of Congress’ commerce power, the specific question of whether state marijuana laws are vulnerable to preemption seems already to have been answered. Mr. Shapiro makes an important observation, however. read more

If SCOTUS does in fact preempt those laws legalizing the production, distribution, and use of marijuana, that would only affect the taxation and regulation of marijuana laws in the states that have legalized it. read more

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