Abstract
Marijuana decriminalization is a hotly debated topic, which has nonetheless seen popular support in recent years. Current federal law (the Controlled Substances Act) conflicts with many state decriminalization efforts, raising the obvious question of federal preemption. The Supreme Court has failed to provide a clear answer on how much federal law preempts state marijuana decriminalization laws. This Article identifies the foundational principles of vertical and horizontal preemption, as well as various unanswered questions regarding these doctrines. It then applies these questions to marijuana decriminalization. Ultimately, it argues that there is a weak case for vertical or horizontal preemption in the marijuana decriminalization context.
Files
Metadata
- Subject
Conflict of Laws
Courts
Criminal Law
Food and Drug Law
Law and Society
State and Local Government Law
Supreme Court of the United States
- Journal title
Boston College Law Review
- Volume
58
- Issue
3
- Pagination
895
- Date submitted
6 September 2022