>which isn't likely to hold up in court when it's finally tested there.

This is the key. Who will ever bring this in front of a judge? The "anti-weed" lobby has all but ceased to exist. Which leaves basically a small handful of deep red state attorney generals that would even have the standing to be able to attempt it.

And which side do you think has the funding (and incentive) to defend it all the way to the supreme court?

The floodgates have opened, and they're never going back. There's simply too much money and momentum behind it. Even the conservatives are on board at this point now that they've seen the tax revenues.