States across the nation are legalizing the use of marijuana for either medicinal or recreational purposes. While users and growers may face no threat of arrest or prosecution by state authorities in these areas, they are still breaking federal law. Now a bipartisan group of senators wants to change that.
Senators Elizabeth Warren (D-MA) and Cory Gardner (R-CO) have introduced a bill, called the “Strengthening the Tenth Amendment through Entrusting States Act,” or STATES Act, that would end federal marijuana penalties for someone who is following state law. If someone lived in a state where it is legal to operate a retail marijuana operation, they would no longer be breaking federal law as long as they followed their state’s laws.
This bill is cosponsored by Senators Rand Paul (R-KY), Lisa Murkowski (R-AK), Dan Sullivan (R-AK), Jeff Flake (R-AZ), Amy Klobuchar (D-MN), Cory Booker (D-NJ), and Catherine Cortez Mastro (D-NV). President Trump has also signaled his support for the legislation, although it is unclear if either House or Senate leadership will advance it.
Supporters of the bill contend that it is necessary to remove any conflict between state and federal laws regarding marijuana. They say it is unfair for people to obey state law but still be under threat of federal prosecution. They contend that this legislation would recognize the constitutional guarantee of federalism where the federal government does not interfere in strictly state-level matters.
Opponents of the law say that if there is a federal law against marijuana growing or use, then that law should apply nationwide. Federal law is supreme to state law, they point out, so there is no reason to suspend the application of federal law just because some states have differing laws.
There are also two other bills in the Senate, one introduced by Senator Chuck Schumer (D-NY) and one introduced by Sen. Booker, that would completely end the federal ban on marijuana.
Do you think that the federal government should stop enforcing marijuana laws in states that legalize its use for either recreational or medicinal purposes? Should federal marijuana prohibition be ended?