How is medical marijuana legal if possession is a federal crime?
Federal law supersedes state law so the answer is it’s always illegal. However, the ability of the Federal government to enforce the law is limited so they pick and choose who and what they are going to prosecute. The states that have passed medical marijuana laws are not saying that marijuana is legal. They are saying they are not going to enforce the laws against marijuana for those who have a prescription. A subtle difference. Edit: “so whats the point in even making state laws???” The point would be that the state doesn’t have to waste resources prosecuting and incarcerating people for purchasing medicine. They can increase revenue by taxing the sales of marijuana dispensaries and the incomes of the people who work at them. They can redirect law enforcement efforts to more serious crimes. It also applies political pressure on the Federal government to take a less draconian stance on the issue.
