A CONSTITUTIONAL CRISIS; UP IN SMOKE!

Seventeen states, and the District of Columbia allow “Medical Marijuana;” now Colorado and Washington have gone  the rest of the way and done, by popular referendum, what their politicians have been afraid to do – legalize marijuana for recreational use. The “’60s counterculture” has seemingly begun to win the battle; but what about the “war?”

Despite the changes in state laws, the DEA has kept Marijuana a schedule 1 drug, and thus illegal under federal law. “So,” you ask? The first thing you learn in law school (or a civics class for that matter) is that federal law usually trumps state law. So far, the Feds have not actively tried to shut down the marijuana dispensaries in states where they are legal, but will this be the last straw and begin a federal crackdown, or the beginning of the end for marijuana prohibition?

Regardless of your point of view on this issue, it is likely to explode soon and, most likely, since state officials cannot be mandated to enforce federal law, the federal government will have to file a lawsuit to prevent the implementation of these laws. Moreover, there is no doubt that this will reach the U.S. Supreme Court. There, we’ll find out if this is truly a conservative Court which will side with states’ rights, or a more liberal Court that will side with a centralized federal government. Any bets?