Marijuana laws
In another matter, Thomas criticized the U.S. government’s “contradictory and unstable” approach to regulating marijuana and suggested that laws banning its use and cultivation are unnecessary.
"“A prohibition on intrastate use or cultivation of marijuana may no longer be necessary or proper to support the Federal Government’s piecemeal approach,” Thomas wrote.
Thomas’s opinion is rooted in his embrace of limited federal power. He outlined his view in a comment on the court’s decision not to take a case brought by the operators of a medical marijuana dispensary in Colorado seeking a federal tax break for their business.
A whiff of pot alone no longer airtight probable cause for police to search cars in several states
Although federal law prohibits the cultivation, distribution and possession of marijuana, the government has discouraged prosecution of those complying with conflicting state laws. Congress also has prohibited the Justice Department from preventing states from implementing their own medical marijuana laws. More than half the states allow medical marijuana use, and 18 of those allow recreational use.
“Given all these developments, one can certainly understand why an ordinary person might think that the Federal Government has retreated from its once-absolute ban on marijuana,” Thomas wrote." WP
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