SACRAMENTO, Calif. — When California voters head to the polls in November, they will decide whether the state will make history again – this time by legalizing the recreational use of marijuana for adults.
If this measure passes, the ramifications could be far-reaching, and not just for drug policy.
Marijuana is illegal under both state and federal law. Repealing California’s prohibition does not repeal federal prohibition.
So what will the federal government do if California legalizes?
If the Feds do not intervene, it suggests that states can ignore federal laws they do not like, such as Obamacare. That’s not an outcome the administration desires, so it will make some attempt to enforce the federal law.
California will then challenge that enforcement, all the way to the Supreme Court, on 10th Amendment grounds:
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
The federal government will argue in response that marijuana cultivation and use, even if entirely within California, is “interstate commerce” and that the federal government has the power to regulate such activity under the Interstate Commerce Clause.
If the Supreme Court rules for the federal government, the Feds can then try to enforce prohibition despite California’s objections. A similar situation occurred under Alcohol Prohibition, since New York, among other states, did not adopt state-level prohibition. The results were not impressive.
If the Supreme Court rules against the federal government, it will open the door for a constitutional challenge to virtually every federal economic policy enacted since the New Deal.
This could get interesting; stay tuned!