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Mar 21, 2022 · Mar 21, 2022. 6 min read. Business Regulation & Regulated Industries Banking Law Cannabis Law. Summary. We have seen a nationwide embrace of cannabis use ranging from medical treatments to recreational marijuana. Only three states (Idaho, Kansas, and Nebraska) still do not allow the use of cannabis in any capacity.
While state laws only apply to citizens within a particular state, federal law applies to all U.S. citizens. Both medical and recreational marijuana laws “clash” with U.S. federal law as a result, a person can act in compliance with one set of marijuana laws, while being in violation of another.
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- Congress Did Not Intend to Preempt State Cannabis Laws
- The Tenth Amendment Protects State Cannabis Regulation Laws
- States Are Leading The Way
The question of federal preemption is first and foremost a question of Congressional intent. The CSA makes it clear it only preempts state laws under very limited circumstances. 21 U.S.C. 903 says it is not intended to preempt the field of drug laws if “there is a positive conflict” between state and federal law “so that the two cannot consistently...
The Tenth Amendment limits what state laws can be federally preempted. While the federal government is free to enforce its own marijuana laws, requiring state agents to enforce federal laws is unconstitutional commandeering of a state’s resources. In 2018, the U.S. Supreme Court overturned a federal law, PASPA, that sought to prohibit states from a...
Federal law has not stopped states from charting their own paths. At least 41 states have legalized possession, manufacture, and sale of at least some cannabis products that are federally illegal. Yet, the Department of Justice has not targeted state-legal marijuana providers in over a decade. This policy of non-interference unless a specific feder...
Mar 6, 2023 · As of March 1, 2023, 37 states, the District of Columbia (DC), Puerto Rico, Guam, and the U.S. Virgin Islands have comprehensive laws and policies allowing for the medicinal use of marijuana. Ten additional states allow for “limited-access medical cannabis,” which refers to low-THC cannabis or cannabidiol (CBD) oil.
- Cover Date: March 6, 2023
- CRS Insights
Aug 20, 2018 · Even as several states and Washington, DC, allow marijuana, the federal government still strictly prohibits pot. Under the scheduling system, the federal government classifies marijuana...
State legalization of marijuana only provides state protections. People can still be charged under federal law due to marijuana’s placement on the CSA. This includes federal charges for possession, manufacturing, and distribution. A federal charge can also have consequences.
May 29, 2020 · While every state once broadly prohibited the production, distribution, and possession of marijuana, in the last few decades many states have repealed or limited such prohibitions. As of May 2020, all but three states have changed their laws to permit the use of cannabis for medical purposes.
