Kush Supply Co. (fka KSHB)

[hobowilly]

Sorry. Read it and weep F- plus Double Secret Probation

Medical Marijuana: The Supremacy Clause,
Federalism, and the Interplay Between
State and Federal Laws
Todd Garvey
Legislative Attorney
November 9, 2012

https://fas.org/sgp/crs/misc/R42398.pdf

Conclusion
The legal status of state laws respecting the use of medical marijuana remains ambiguous. Although state laws that merely exempt qualified
users of medical marijuana from state prosecution have consistently
survived preemption challenges, state laws that affirmatively
authorize and regulate medical marijuana may pose a more serious
“obstacle” to the accomplishment of federal objectives. Notwithstanding the many unresolved questions of preemption, this interplay between
state and federal law has prompted a unique legal result. While an
individual may be able to possess, distribute, or cultivate marijuana for limited purposes under state law, that same conduct remains a criminal offense under federal law. For example, operators of licensed
marijuana dispensaries—which may represent legitimate licensed business
ventures under state law—are subject to felony prosecutions under
federal law at any time. Thus, it appears that it is generally the discretionary restraint of the federal government, in addition to the necessity to prioritize limited resources, that brings some modicum of stability to the interplay between state medical
marijuana laws and the federal prohibition on the production,
possession, and distribution of marijuana.