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by CleverNickname
Wed Dec 24, 2014 11:45 am
Forum: 2015 Legislative Session
Topic: HB 554
Replies: 7
Views: 1251

Re: HB 554

jmra wrote:
CleverNickname wrote:
jimlongley wrote: Now my next question is whether this will override federal law.
Since when does state law ever override federal law?
Legalized marijuana?
Marijuana is still illegal according to federal law, in all states. IIRC the Justice Dept has made the decision not to prosecute if possession is legal under state law, but if they changed their minds, a state couldn't do much about it, legally.

Now of course, you can argue that the 10th Amendment doesn't give the feds the power to regulate marijuana, and you'd be correct. But that argument is over what the commerce clause of the Constitution allows the federal government to do, not whether federal law overrides state law.

Read up on the supremacy clause of the Constitution if this is still confusing.
by CleverNickname
Wed Dec 24, 2014 10:15 am
Forum: 2015 Legislative Session
Topic: HB 554
Replies: 7
Views: 1251

Re: HB 554

jimlongley wrote: Now my next question is whether this will override federal law.
Since when does state law ever override federal law?

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