Explain the difference between federal and state law in as much detail as you can and
then explain what happens when the federal law conflicts with state law such as with marijuana
both recreational and medicinal. Explain how any state can have laws permitting the use of
marijuana given the federal law and the preemption doctrine. Be as comprehensive as you can
including whether someone using marijuana within a state under the state law can be prosecuted
by the federal government.
Issue Spotter 1
Federal law is the law of the United States of America and is made up of the Constitution,
federal statutes, executive orders, regulations, and court decisions. These laws apply to the entire
nation and are enforced by federal agencies such as the FBI, IRS, and the Department of Justice.
They are created and enforced by the federal government and are supreme over any state laws
that may conflict with them. State law is the law of an individual state within the United States,
and is made up of the state constitution, state statutes, executive orders, regulations, and court
decisions. These laws apply only to the state in question and are enforced by state agencies such
as the state police and the state judiciary. They are created and enforced by the state government
and are subordinate to federal law when the two conflict. Federal law is given precedence over
state law in cases where they contradict. This means that while a state may have passed a law
legalizing marijuana, either recreationally or medicinally, the federal law still prohibits the
possession, manufacture, and distribution of marijuana. This means that even if state law allows
the use of marijuana, federal law enforcement can still prosecute individuals for the possession,
manufacture, and distribution of marijuana.
According to State and Federal Powers Clash Over Medical Marijuana In United States
V. McIntosh article, Alsterberg discussed the case of United States v. McIntosh, which was the
