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51 U.C.D. L. Rev. 1783 (2017-2018)
Guns N' Ganja: How Federalism Criminalizes the Lawful Use of Marijuana

handle is hein.journals/davlr51 and id is 1815 raw text is: UC DAVIS LAW REVIEW Guns N' Ganja: How Federalism Criminalizes the Lawful Use of Marijuana Ira P. Robbins* Federalism is a vital tenet of our Republic. Although federal law is the supreme law of the land, our Constitution recognizes the integral role that state law plays in the national scheme. Like any pharmaceutical drug that withstands rounds of clinical testing, state law functions as a laboratory in which Congress can evaluate and potentially adopt novel policies on a nation-wide basis. Most of the time, federal and state law exist harmoniously, complementing one another; other times, however, the two systems clash, striking a dissonant chord. In the United States, state marijuana laws are currently on a crash course with federal marijuana law, exemplifying the discordant consequences our dual-system of laws sometimes generates. Eight states and the District of Columbia have legalized recreational marijuana use, yet under the Controlled Substances Act (CSA) marijuana remains * Copyright D 2018 Ira P. Robbins. Barnard T. Welsh Scholar and Professor of Law and Justice and Co-Director, Criminal Justice Practice and Policy Institute, American University, Washington College of Law. A.B. University of Pennsylvania; J.D. Harvard University. I am more than ordinarily grateful to my superb and indispensable research assistants - Jenn Howard, Hannah Kaplan, Desislava Kireva, Mark Levy, Lisa Southerland, and Morgan Tufarolo - whom I consider to be my colleagues and my friends, and to Dean Camille Nelson, for providing summer financial support. 1783

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