A couple interesting news articles:
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Senators Introduce Bill To End Federal Curbs On Medical Marijuana
"Bipartisan legislation was introduced yesterday in the U.S. Senate proposing to change federal law such that states could regulate the medical use of marijuana without fear of prosecution."
...
"The major aim of the six-part legislation (S.683) is to reclassify marijuana under the Controlled Substances Act to Schedule II, thereby changing the plant from a federally-criminalized substance to one that has recognized medical uses."
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Some legal arguments why the recent court cases filed against Colorado may fail:
"Under
the Supremacy Clause of the Constitution, the CSA (Controlled Substances Act) takes precedence over Colorado's state law if the two are in conflict as the plaintiffs argue. Colorado says weed is legal, but the CSA says it isn't. Open-and-shut case, right?
Actually, no. "The regulatory regime that Colorado has put in place is not preempted by the Controlled Substances Act," legal professor
Sam Kamin, who was part of the task force implementing Colorado's marijuana laws, said in an interview. "I expect those claims to fail." The issue? The Controlled Substances Act dictates federal drug policy -- but it in no way compels states to enforce that policy.
"Congress has no power to compel states to prohibit the cultivation, possession and transfer of marijuana,"
according to Randy Barnett, an attorney who litigated a Supreme Court case exploring the limits of the CSA. "In the absence of such state prohibition, all such activities are completely legal under state law, notwithstanding that they are illegal under federal law," he writes.
Professor
Robert Mikos of Vanderbilt University agrees. "The claim is that Colorado can’t legalize marijuana because it's forbidden under federal law. That’s wrong," he said in an interview. "The federal government can’t force Colorado to criminalize a drug. That would be commandeering, and the court has said that’s not constitutional."
Under current law, federal agents are welcome to waltz in to a state and bust any "legal" marijuana operation they find. But the DEA can't task state and local authorities with enforcing federal law. From that standpoint, state-level marijuana operations are in perfect comportment with the CSA."