Is the Controlled Substance Act a federal law? Yes.
Does it criminalize marijuana? Yes.
Does federal law trump contradictory state law? Yes.
End of story.
You asked, “Does federal law trump contradictory state law?”
The CORRECT ANSWER is, ONLY if FedGov has the Constitutional authority to PASS that particular law, which in this case, it clearly does NOT!!!
Does the Federal Government have the authority to declare certain chemicals or vegetable matter "controlled substances"? NO.
The rest of your questions and answers are moot.
well, Huck my friend it is not quite that simple
If it was a conflict btw a state statute and a muni ordinance, then yeah, state trumps.
But between states and fed, States have RIGHTS.
The federal gov’t doesn’t. Federalism is quite tenuous. A veritable house of cards if you will.
In some areas, most notably immigration, the Feds have reserved jurisdiction to themselves, so a better argument can be made that in the case of a conflict betw state and fed law, the fed law would trump. Even so, some state have decided the feds, having had oodles of time, have ceded their reservation, and these states have started to pass statutes dealing with the problem.
As for medical maryjane grown locally (as opposed to imported illegally from Meheeco)........not quite so clear. And then, will the Feds spend the resources to puxh the issue? If so, the effect of losing could be more far reaching than the Feds can stand to lose at this point.
You left out, “is it an enumerated federal power.”
Is the Controlled Substance Act a federal law? Yes.
Does it criminalize marijuana? Yes.
Does federal law trump contradictory state law? Yes.
End of story.
Wow. i haven't seen the modern fixation n the absolute worship of the law stated quite so succintly in a while.
Thanks.