HIGH ON FEDERALISM: MARIJUANA’S CHALLENGE TO FEDERAL-STATE RELATIONS

Written By: Ilya Shapiro and Matthew Larosiere

Although nothing has changed in federal law, states have been legalizing and decriminalizing marijuana for more than twenty years. As of this writing, thirty-three states, plus the District of Columbia, Puerto Rico, Guam, the U.S. Virgin Islands, and the Northern Mariana Islands have legalized medical marijuana, while ten states, D.C., and the Northern Mariana Islands have decriminalized recreational use. It appears that marijuana is both legal and illegal at the same time.

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