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Question: What is the Tenth Amendment and the issue of States Rights?

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



            “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved for the States respectively, or to the people.” U.S. Const. amend. X. 

            Medical care and what constitutes valid medicine has been reserved to the states through the police power. Today, 38 states have legalized medical or adult use marijuana cannabis despite the federal prohibition of such usage under the federal Controlled Substances Law. Even so, neither Congress nor the U.S. Attorney General has ever found a “positive conflict” between these state laws and the fact that they negate and nullify the supremacy of the federal controlled substances act.

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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