Could the Justice Department win a court case—using an “Equal justice under the law“ argument—against the states that “legalized” marijuana?

That is, must California treat marijuana as illegal again because Wisconsinites are still going to jail for it under federal law?

4 Answers

  • 1 year ago

    There is no specific federal law of "Equal Justice Under the Law" but the more important point is: What do you care? The DOJ has made it clear they will let states decide how they want to deal with cannabis. Laws are intended to protect people from harm (physical, financial, reputation, etc). They are NOT intended to superimpose one group's preference over another group. That makes as much sense as a law that everybody must part their hair on the right side because one group likes that.

  • 1 year ago

    No, they could not win that case, which is why no such case has been filed.

    Wisconsonites are going to jail for it under WISCONSIN law.

  • 1 year ago

    They wouldn't really need to. Marijuana is still a schedule 1 drug in California, the same as Wisconsin. If the DEA wanted to go after people in California they can. The States that "legalize" marijuana can only do it at the State level. Now trying to say California has to have a State law against it because another State does isn't likely to work.

  • If the GOP wants to demand that states conform to federal demands, then they can forget about ever using the rebel scream of "States' Rights!!" again.

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