August 1, 2020
By Raza Lawrence Esq. (Margolin & Lawrence) & Gohar Tahmizian (Extern Loyola Law School)
Through its commercial cannabis licensing system, the State of California stands diametrically opposed to the federal government, which criminalizes all production and sales of marijuana in the Controlled Substances Act. Under the Supremacy Clause of the US Constitution, federal law is the “supreme Law of the Land,” and thus takes priority over any conflicting state law. Accordingly, ever since California first legalized medical marijuana in 1996, it has had to watch out for the Drug Enforcement Administration and federal prosecutors, who have always been looming in the background, ready to possibly criminally prosecute, imprison, and seize the assets of anyone involved in the cannabis industry.