Con Law Questions Forum

[A. Nony Mouse]

Okay so basically:

Congress made marijuana illegal via the commerce power
California made medical marijuana legal even though it was illegal federally.
Congress tried to enforce the federal law
The plaintiff sued saying that the federal law is unconstitutional (was he alleging that making marijuana illegal is unconstitutional, or just alleging that making MEDICAL marijuana illegal is unconstitutional)?
The court found that the law is constitutional based on the commerce power
Therefore, the state law is preempted? (if the state law is preempted why does it still exist?)

The state law is not "preempted." You still cannot be criminally charged under CA state law for growing medical marijuana assuming you comply with the CA law.

This. Also, Congress didn't try to enforce the law; only law enforcement agencies (e.g. DEA, FBI) enforce laws (in this case the DEA). The case makes clear what the plaintiffs were alleging.

States that have legalized marijuana possession for medical/recreational use are banking on the feds' decision in 2009 not to prosecute people complying with state laws regarding the use of medical marijuana. The feds still can prosecute for such use, though.

[goaheadualright]

This is your go to case http://en.wikipedia.org/wiki/Gonzales_v._Raich