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Can a state agency grow and distribute marijuana without fear of prosecution by the federal government?

Posted by Mop (aka rburriel) Apr 6 '09, 21:19

Are state governments somehow exempt from federal law? I'm trying to disprove such a claim, but I can't give them anything more than "the law is the law".

Mop

Responses:

Hmmm... confusalicious. This looks like one I'll have to ask again in the morning. -- nm - Mop Apr 6, 21:55
here. not exempt, but it looks like the feds have decided to look the other way for now. -- (link) - mafic Apr 6, 21:23 1
- except med mar in CA is not grown or sold by a state agency (afaik). the private growers and dispensaries are merely licensed and regulated by the - pigby Apr 6, 21:25
it would likely depend on what the federal criminal law regarding CDS says about applicability to the states -- nm - pigby Apr 6, 21:21
Nope, federal law trumps state law. -- nm - Krusty Apr 6, 21:20 4
- not necessarily. congress can expressly preempt state laws if its law "covers the field." but it can leave areas of the law open to state regulation -- nm - pigby Apr 6, 21:22 3
  - never mind the whole "implied preemption" doctrine - pigby Apr 6, 21:24 2
    - *head explodes* - Krusty Apr 6, 21:25 1
      - i don't know that they "trump" state laws. the feds and states each have CDS laws that may or may not overlap - pigby Apr 6, 21:28

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Can a state agency grow and distribute marijuana without fear of prosecution by the federal government?

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