Creates legal gray zones
Residents and businesses operating legally under state law can still face federal consequences, including prosecution, loss of federal benefits or banking restrictions.
In plain English
When federal law overrides the states.
When state and federal laws clash, federal law generally wins. So a state can legalize marijuana, but federal agents can still enforce the federal ban.
Simple example
Although 24 states have legalized recreational marijuana, the substance remains illegal under federal law, leaving cannabis businesses unable to use federally regulated banks or deduct normal business expenses on federal taxes.
Why it matters
What the term actually changes.
Limits state experimentation
Even when a majority of a state's voters approve a policy, federal law can constrain how far that policy can go in practice.
How it works
The mechanics, in practice.
Supremacy Clause
Article VI of the U.S. Constitution makes federal law the 'supreme Law of the Land,' giving Congress authority to override state policy in areas it regulates.
Enforcement discretion
In practice, the Department of Justice decides how aggressively to enforce federal law in states with conflicting policies, and guidance can shift between administrations.
Related guide
Should marijuana be legalized at the federal level?
A look at how federal marijuana law works, what states have done, and the arguments shaping the legalization debate.
Read the guide → Related issue brief
Should marijuana be legalized at the federal level?
Federal law still classifies marijuana as a Schedule I drug even as most states have moved to allow some legal use.
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Should marijuana be legalized at the federal level?
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