The state vs federal government issue has been raging on in the whole cannabis debate, since states started breaking with federal prohibition. With 18 states now legalized for recreational cannabis, (and more on the way), the question now becomes, how many states must change their cannabis laws before the prohibition mandate of the federal government is invalidated?
How many states must change their cannabis laws before a federal government mandate can be invalidated? Hard to say, but luckily, this question does nothing to stop the burgeoning cannabis industry where it has already been legalized. And a growing industry means more and better options for you. Case in point, delta-8 THC. This alternate THC compound doesn’t produce anxiety like delta-9, and provides a clear-headed, energetic high.Preferable for many users. Check out our array of delta-8 THC, delta 10, THCV & THC-O deals, and be glad that the constitution does not actually prohibit cannabis.
Federal laws vs states’ rights
One of the tenants of the US constitution is that the federal government does not get full and complete power, and that each individual state has the right to ‘states’ rights’. These laws, enacted by individual states, do not have to match with the federal government, and can be in direct violation of federal law. The cannabis issue is one of the best high-profile examples of inconsistency between federal and state laws.
However, this doesn’t always hold, and we know this. If the US Supreme Court makes a ruling to legalize something like abortion, no state has the ability to illegalize it, though they can institute a lot of measures that make receiving one difficult. When looking at a subject like gay marriage, it almost looks like states can go against the Supreme Court ruling of 2015 which legalized gay marriage federally. Almost.
But a closer look makes clear that though many states still have outdated laws on their books – and refuse to change them – that these laws are not actually enforceable. That’s because the same-sex marriage law, much like the law legalizing abortion, came from Supreme Court rulings, not from legislative measures. This is how it works: the federal government has something called the Supremacy Clause: Article VI, Clause 2 of the US Constitution. It says: