PSA for Weed Smokers: Marijuana is Not Legal in Any Part of the United States

[Octavius]

So we live in a weird time where so many states have made laws that legalize weed in some form or another. However, weed is no more legal today in any state than it was 20 years ago. Under Federal law Controlled Substances Act (CSA) (21 U.S.C. § 811). Marijuana, whether it be recreational or Medical, is illegal. Full stop.

So, say you live in Washington State. State law says you can go to town on weed. If you get arrested you'd just cite the state law showing what you did is legal right? Wrong. The Supremacy Clause of Article VI of the Constitution makes federal law the supreme law of the land. That basically means that if there is a federal law and a state law that come into direct conflict with each other, federal law preempts the state law. In this case, your state law saying weed is legal is completely meaningless in a courtroom.

So what does this mean for you smokers? You probably won't have to worry too much. The states are simply for the most part just not going to enforce the federal law. Just keep in mind though if you get into trouble and you are found with weed. That can be used completely against you and you will not have any defense using the state law.

Personally, I can't stand the smell of weed and so I'm not a smoker by any means. I just don't want to see unsuspecting people to get blindsided by the law. These laws are pretty new, so this issue of the state law vs. federal law regarding weed hasn't come up in any serious court cases yet but it very may soon and don't let it be one where you're the defendant in the case. Because there isn't a snowball's chance in hell you'll win.

[Anonymous]

Funny, it's legal where I live for medical use. It's even legal to grow a certain amount of plants on your own property as long as you have a medical card for it (or don't get cought)

[Anonymous]

interesting take