9 November 2012

Medical Marijuana: The Supremacy Clause, Federalism, and the Interplay Between State and Federal Laws

This report reviews the federal government's constitutional authority to enact the federal criminal prohibition on marijuana; highlights certain principles of federalism that prevent the federal government from mandating that states participate in enforcing the federal prohibition; considers unresolved questions relating to the extent to which state authorization and regulation of medical marijuana are preempted by federal law; and assesses what obligations, if any, the US Department of Justice (DOJ) has to investigate and prosecute violations of the federal prohibition on marijuana.

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