Even though it’s against federal law to grow, sell or possess marijuana, 13 states have recently legalized medical use of the drug. Now California is contemplating taking the next step – legalizing marijuana outright – in the hope that taxing marijuana sales could help ease the state’s latest budget crisis. Vanderbilt University Law School professor Robert Mikos, an expert on federalism issues, examined the conflict between state and federal drug laws in a new paper, “Legalizing Federal Crime: The Example of State Medical Marijuana Laws.” Mikos argues that states wield far more power over the nation’s drug policy than most recognize.
“States are under no obligation to ban drugs like marijuana, even if the federal government does so. They just can’t facilitate drug use or obstruct federal agents who are enforcing the federal ban. For example, states can refuse to arrest or punish people who sell marijuana, but they can’t distribute the drug directly,” said Mikos. Read more »
