Re:Delaware will become the 22nd state to legalize recreatio...
by dragonwriter on Sunday April 23, 2023 @09:20PM
(#35682610)
> Since federal law applies everywhere, marijuana is still technically illegal everywhere in the US.
But also Congress has forbid the federal government from spending to interfere with state medical marijuana laws, which federal courts have (with slight variations in details between the Circuit Courts) ruled prohibits not only direct actions against states, but also prosecutions of private parties for acts consistent with (and, in at least one Circuit, even in technical violation of) state medical marijuana laws. While this does not cover non-medical use, it does put a significant practical “asterisk” to the idea that marijuana is illegal everywhere in the US.
> It’s fascinating, however, that under three presidents spanning both parties, the federal authorities have given up on enforcing the ban in states that have removed marijuana laws from their own books.
That would be quite interesting, but nothing like that has actually happened. The reason we have a conflict in circuits on the scope of the funding restrictions is that the feds have continued to prosecute marijuana violations, even in states which have legalized some or all marijuana use, and even for acts which are closely connected to those states medical-use rules. (The First Circuit decision on the scope of the prohibition is from 2022.)
But also Congress has forbid the federal government from spending to interfere with state medical marijuana laws, which federal courts have (with slight variations in details between the Circuit Courts) ruled prohibits not only direct actions against states, but also prosecutions of private parties for acts consistent with (and, in at least one Circuit, even in technical violation of) state medical marijuana laws. While this does not cover non-medical use, it does put a significant practical “asterisk” to the idea that marijuana is illegal everywhere in the US.
> It’s fascinating, however, that under three presidents spanning both parties, the federal authorities have given up on enforcing the ban in states that have removed marijuana laws from their own books.
That would be quite interesting, but nothing like that has actually happened. The reason we have a conflict in circuits on the scope of the funding restrictions is that the feds have continued to prosecute marijuana violations, even in states which have legalized some or all marijuana use, and even for acts which are closely connected to those states medical-use rules. (The First Circuit decision on the scope of the prohibition is from 2022.)