Marijuana: When State and Federal Laws collide

KOMORN LAW

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Medical marijuana has been legalized in 17 states, a recent measure passed in Colorado and Washington will legalize recreational marijuana use.

By Michael Komorn

Recently voters in Colorado and Washington passed measures to legalize recreational marijuana use, moving state law in conflict with federal law.

Seventeen states have already legalized medical marijuana, even federal law has made its position clear that it feels marijuana has no acceptable medical use. But what is the outcome when state and federal laws oppose one another?

Under the Supremacy Clause of Article VI of the US Constitution, the federal courts are able to throw you in jail for possessing a small bag of marijuana, even if the state law permits it. However, first you have to be prosecuted. And in most instances, the feds haven’t pursued prosecution of people who are prescribed marijuana by a doctor.

If you or someone you know is facing charges as a result of Medical Marijuana prescribed to you as a Medical Marijuana patient under the Michigan Medical Marijuana Act, contact Komorn Law and ensure your rights are protected.

Michael Komorn is recognized as a leading expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group with over 26,000 members, which advocates for medical marijuana patients, and caregiver rights. Michael is also the host of Planet Green Trees Radio, a marijuana reform based show, which is broadcast every Thursday night 8-10 pm EST. Follow Komorn on Twitter.

Read more: http://www.businessweek.com/videos/2012-12-03/will-new-marijuana-laws-go-up-in-smoke#r=lr-fst

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