And as for the federal Controlled Substances Act, I bring to your attention 21 USC § 903, which provides in relevant part,
“No provision of [the Controlled Substances Act] shall be construed as indicating an intent on the part of the Congress to occupy the field in which that provision operates, including criminal penalties, to the exclusion of any State law on the same subject matter which would otherwise be within the authority of the State, unless there is a positive conflict between that provision of [the Controlled Substances Act] and that State law so that the two cannot consistently stand together.”
Only the AG can bring an action to preempt state marijuana laws and regulations….but the federal government STILL cannot force states to make marijuana illegal under state law. So what you would have is legal marijuana but no legal place to obtain it…..an absolute recipe for a black market. Remember that the federal government has fewer DEA agents than a medium sized city has police officers…..there’s no way they can enforce it without states. Period. That’s why the Cole Memo was written as it was…in recognition of the plain reality ON THE GROUND.