OK, so I know someone that is on medical marijuana and we had this disagreement. Basically he thinks what he is doing is legal, and under his states law it is. However, under federal law it isn’t. Now I know that as children we are taught that state law “trumps” federal law, but really it depends on the situation. Anyway, the DEA (feds) trump in this situation.
Controlled Substances Act (CSA) (21 U.S.C. § 811) & Gonzales v. Raich (2005) S.C. Links are to prove it, in case you need to see it yourself. CSA specifically says they win if state law and federal law do not ummm work together. Gonzales says that the federal government has that authority. (Law & Supreme Court working together…)
So then why are states getting away with this?
ANSWER
First let me explain something about the American court system; you know how TV (and even officers in real life) will ask if you want to press charges? Well in reality you don’t have that power. Our criminal system is based on the idea that if you break the law you harm all of society, and thus it isn’t the criminal verse the person that was wronged. Rather it is the state verses the person who broke the law. (Seriously)
OK, so now that you know that you know who really presses the charges? The prosecutor (normally the office of).
Now that you hopefully understand this, Obama (and his administration) has the position that the prosecutor should NOT go after those that are following state law to the letter in the case of medical use of marijuana.
This is like a specific state NOT pressing charges against the wife that was beaten for years after she does something bad to her husband. What she did was still illegal, and if a different prosecutor was to take the case up later s/he could do so.
Hopefully that is all understandable, and it is now understood that the law hasn’t changed. It is still illegal to smoke pot. BTW, in order to change that really it needs to be done through the legislative branch. So don’t blame Obama for it being illegal, and don’t blame the Supreme Court. In this particular thing it is up to Congress to change it, so if you want it changed start talking to them, and if you are going to complain be sure you are complaining about the right people.
Last but not least if you want to change it: pay attention and vote. If you don’t know who your legislators are, don’t pay attention to what they do, and haven’t voted then really the only person you can blame for things not going the way you want is yourself. Oh and one last thing be careful with the news they “spin” things. So if something angers you, be sure to watch both sides (MSNBC for liberal – FOX for conservative) then research it on your own (good luck finding anything not tainted with propaganda) and only THEN decide where you stand on an issue.
Link to more in case you need to hear it from someone other than me. 
