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Supremacy Clause and Medical Marijuana?
Marijuana under federal law is illegal (medical or not). And under the supremacy clause if a state law violates a federal law the state law is considered invalid correct? Now, if I wanted to file a federal lawsuit against states medical marijuana laws, the federal courts would have to throw out the states medical marijuana law correct? because it clearly violates federal law. Please tell me if I am wrong.
This is a legal question, I do not want your opinion on whether or not you are for or against medical marijuana or the legalization of it.
4 Answers
- PfoLv 71 decade agoFavorite Answer
Yeah, I think you're right. I did a quick consultation of medical marijuana laws, and they specifically legalize possession of marijuana for certain classes of people, and possession is illegal federally.
What you'll have trouble doing is filing a federal lawsuit against medical marijuana laws, because presumably they don't affect you, you have no standing to raise the lawsuit. Someone like the Attorney General would have the power to do that.
- Anonymous1 decade ago
You can't file a lawsuit against a law. You must sue a person or an organization, and you must have damages. The supremacy clause means that the fact that medical MJ is legal in a given state doesn't stop the federal government from charging someone with a federal crime for possessing or distributing it.
- Anonymous1 decade ago
While you are at it, sue them for not kicking out the illegals...
- Anonymous1 decade ago
then go ask a lawyer
