Legalized marijuana is in the news again, this time because of an announcement by the Trump administration ordering prosecutors to crack down on all usage and possession of the drug. Whether you are for or against its use and legalization, the battle is one that has roots all the way back to the time our country was founded. It is a study in the interplay between state and federal governments when it come to making and enforcing criminal laws.
A History Lesson
It is best to start with a basic history lesson. When our country was founded, the Founding Fathers had a fear of big government, coming off of having been ruled by a monarchy that told them what to do from a faraway land. Thus, wanting locals to have a say in their own governance, our federal and constitutional framework was set up to limit what the federal government could tell states what to do in many areas. One such area is criminal law, where states generally were given free reign to determine what would and would not be a crime.