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State v. Federal Law – Medical Marijuana

Eighteen states (including Arizona) and the District of Columbia now allow for medical use of marijuana.  The medical marijuana laws of these states are in direct conflict with federal law, however, as the Controlled Substances Act prohibits the cultivation, distribution, and possession of marijuana.  This has created an incongruous situation in which an individual may be using medical marijuana in compliance with state law but is concurrently violating federal law, and thus exposing him or herself to federal prosecution.  While the U.S. Department of Justice stated in a 2009 Memorandum to U.S. Attorneys that federal prosecutors should generally … Continue Reading

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