Buddhist Catholic Contemplative Evangelical General Christian Hindu Jewish Latter-day Saint Muslim New Visions Progressive Christian

Beliefs

Topics

Columnists

Resource Library

Research Tools

Video

Podcasts

Thought Readers

Faith In Media Tracker

Newsletters

Ad-Free & Subscriber Log-In Subscription Support

Follow Patheos

Home
Evangelical
Politics and Religion
Legalizing Marijuana as a Test Case for Federalism

Legalizing Marijuana as a Test Case for Federalism

Last updated on: January 5, 2018 at 5:45 am by Gene Veith

0 Comments

Legalizing Marijuana as a Test Case for Federalism 2018-01-04T15:22:15-05:00 Gene Veith

LOGO Patheos Explore the world's faith through different perspectives on religion and spirituality! Patheos has the views of the prevalent religions and spiritualities of the world.

A growing number of states, including as of the turn of the year California, have legalized marijuana. But the drug is still illegal under federal law. That conflict between the two jurisdictions is shaping up as a test case for federalism, the constitutional system by which sovereign states coming together under a central government.

President Obama issued a memo instructing the Justice Department not to prosecute marijuana violations in states that had legalized the drug. But now Attorney General Jeff Sessions, known as an opponent of liberalized drug laws, has rescinded that order.

The details of his new enforcement policy have not been released, but the Sessions ruling sets up a clash between states’ rights and the authority of the federal government.

Currently, recreational marijuana use is legal in Alaska, Washington, Oregon, California, Nevada, Colorado, the District of Columbia, and in July Massachusetts. (Maine has passed a legalization bill that was vetoed by its Democratic governor, citing concern about the federal law.)

In 2018, more states will be considering legalizing recreational marijuana laws: Vermont, Delaware, Connecticut, Rhode Island, New Jersey, Michigan, and Ohio.

Twenty-nine states have already legalized the drug for medical use. In 2018, more states will consider that step: Oklahoma, Missouri, Kentucky, South Dakota, and Utah.

So it’s likely that the entire West coast and very likely New England (except for New Hampshire) will have legal marijuana by the end of the year, with significant inroads in the West and the Midwest. Meanwhile, the majority of states already have medical marijuana, with some of the most conservative states in the union poised to join them.

So if the Trump administration decides to enforce federal anti-marijuana laws in states that have legalized the drug, where does that leave us?

Conservatives generally favor states’ rights over intrusions of the centralized government. Will conservative opponents of marijuana legalization still defend states’ rights when it comes to marijuana?

Conversely, liberals tend NOT to support states’ rights, believing that the federal government should have jurisdiction. Will liberal supporters of legalized marijuana be consistent in opposing states’ rights when it comes to marijuana?

The issue could be a test case for defining a genuine federalism, with ramifications for many other laws and policies as well.

I predict, though, that the opportunity to sort out these conflicts in the courts will be sidestepped when the federal government itself legalizes marijuana, or, more likely, passes a law that formally allows states to do so.

And since acceptance of marijuana has become largely a bipartisan issue–with many conservatives, thanks to the libertarians in their midst, finding rare agreement with social liberals–I predict that the Republican-led House and Senate, with the support of President Trump (who won’t mind undercutting his attorney general) will take that action later this year.

Illustration of U.S. Map color-coded to marijuana laws by Lokal_Profil [CC BY-SA 2.5 (https://creativecommons.org/licenses/by-sa/2.5)], via Wikimedia Commons. [Go to the site for the key.]

marijuana legalization

Previous Post

January 4, 2018

New Religions Rushing into the Void

Next Post

January 5, 2018 Luther on Epiphany and Vocation

Recent Comments

0 | Leave a Comment

"As a (retired) lawyer I see potential liability from sharing things like power or sharp ..."

reg

Luther on Tools

"I am not sure the items you mentioned, though disused, discontinued, discarded, could be considered ..."

reg

Luther on Tools

"“Friend, use me in your relations with your neighbor just as you would want your ..."

DakotaLutheran

Luther on Tools

"Archaeology: It's the case that we don't have to go back very far to discover ..."

DakotaLutheran

Luther on Tools

Browse Our Archives

Select a Category America Apologetics Art baseball Bible Blog Christ Church crime Culture Economics Education Ethics Family Food Football Government History Holidays Holy Week Humor International Islam Language Law Life Issues Literature Media Medicine Movies Music Nature News Personal Philosophy Politics psychology Reformation Religions Sacraments Science sex Social Science Sports technology television terrorism Theology Uncategorized Vocation war

Select a Month October 2026 September 2026 August 2026 July 2026 June 2026 May 2026 April 2026 March 2026 February 2026 January 2026 December 2025 November 2025 October 2025 September 2025 August 2025 July 2025 June 2025 May 2025 April 2025 March 2025 February 2025 January 2025 December 2024 November 2024 October 2024 September 2024 August 2024 July 2024 June 2024 May 2024 April 2024 March 2024 February 2024 January 2024 December 2023 November 2023 October 2023 September 2023 August 2023 July 2023 June 2023 May 2023 April 2023 March 2023 February 2023 January 2023 December 2022 November 2022 October 2022 September 2022 August 2022 July 2022 June 2022 May 2022 April 2022 March 2022 February 2022 January 2022 December 2021 November 2021 October 2021 September 2021 August 2021 July 2021 June 2021 May 2021 April 2021 March 2021 February 2021 January 2021 December 2020 November 2020 October 2020 September 2020 August 2020 July 2020 June 2020 May 2020 April 2020 March 2020 February 2020 January 2020 December 2019 November 2019 October 2019 September 2019 August 2019 July 2019 June 2019 May 2019 April 2019 March 2019 February 2019 January 2019 December 2018 November 2018 October 2018 September 2018 August 2018 July 2018 June 2018 May 2018 April 2018 March 2018 February 2018 January 2018 December 2017 November 2017 October 2017 September 2017 August 2017 July 2017 June 2017 May 2017 April 2017 March 2017 February 2017 January 2017 December 2016 November 2016 October 2016 September 2016 August 2016 July 2016 June 2016 May 2016 April 2016 March 2016 February 2016 January 2016 December 2015 November 2015 October 2015 September 2015 August 2015 July 2015 June 2015 May 2015 April 2015 March 2015 February 2015 January 2015 December 2014 November 2014 October 2014 September 2014 August 2014 July 2014 June 2014 May 2014 April 2014 March 2014 February 2014 January 2014 December 2013 November 2013 October 2013 September 2013 August 2013 July 2013 June 2013 May 2013 April 2013 March 2013 February 2013 January 2013 December 2012 November 2012 October 2012 September 2012 August 2012 July 2012 June 2012 May 2012 April 2012 March 2012 February 2012 January 2012 December 2011 November 2011 October 2011 September 2011 August 2011 July 2011 June 2011 May 2011 April 2011 March 2011 February 2011 January 2011 December 2010 November 2010 October 2010 September 2010 August 2010 July 2010 June 2010 May 2010 April 2010 March 2010 February 2010 January 2010 December 2009 November 2009 October 2009 September 2009 August 2009 July 2009 June 2009 May 2009 April 2009 March 2009 February 2009 January 2009 December 2008 November 2008 October 2008 September 2008 August 2008 July 2008 June 2008 May 2008 April 2008 March 2008 February 2008 January 2008 December 2007 November 2007 October 2007

TAKE THE

Religious Wisdom Quiz

What symbol is most commonly associated with Christianity worldwide?

Select your answer to see how you score.

The dove The lamb The fish The cross

Books by This Author Books by Gene Veith

See All Titles »