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Question: Can federal supremacy on cannabis be nullified?

Posted by David Holland | Apr 25, 2021 | 0 Comments



**2020- Amicus brief submitted by Andrew Schriever, Esq., and David C. Holland, Esq, in Washington v. Barr details the history of state nullification and how the United States Supreme Court should invoke the doctrine of estoppel against the U.S. Government on grounds that all three coordinate branches of federal government each worked to support and further the actions of the other branches to promote state cannabis programs despite the supremacy of federal prohibition under the CSA.

Filed Amicus Brief in United States Supreme Court on behalf of NORML, NYCCIA and HVCIA. | Law Offices of David Clifford Holland, PC (

            1996 - California passes the nation's first medical marijuana laws. In the 22 years since that action, neither Congress through legislative act, or the Attorney General, through 21 USC §903 have ever declared a positive conflict reestablishing the supremacy of the CSA even though 38 states have now passed legalization bills for medical and/or adult use cannabis.   

Rohrbacher Farr – Rohrbacher Blumenauer appropriations bills permit the state economies built around medical marijuana to flourish where federal funds will not be utilized to prosecute individuals and organizations acting in compliance with state laws.

  • Last extended December, 2019.

About the Author

David Holland

As Executive Director of Empire State NORML and President of the New York City Cannabis Industry Association, David has been a leading advocate in the cannabis space for over 20 years. He has represented clients in marijuana related proceedings everywhere from traffic court to the United States Supreme Court, and he helped obtain clemency for five elderly prisoners servicing life without parole for marijuana. David also handles complex civil and criminal litigation in other areas including employment, First Amendment, and business.


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