Why Congress should legalize pot
Federal prohibition creates problems even if enforcement is nominal
Wednesday, Naovember 19, 2014
Federal law still prohibits marijuana, and existing jurisprudence (Gonzales v. Raich 2005) holds that federal law trumps state law when it comes to marijuana prohibition. So far, the federal government has mostly taken a hands-off approach to state medicalizations and legalizations, but in January 2017, the country will have a new president. That person could order the attorney general to enforce federal prohibition regardless of state law. Whether that will happen is hard to forecast. If more states legalize marijuana and public opinion continues its support, Washington may hesitate to push back.