It's a question of the enumerated powers of the federal government as set forth by the tenth amendment. All powers not specifically laid down in the constitution or following amendments are to be inherited by the states as reserved powers. The real problem is the national regulation of the CSA (controlled substances act) which allows the federal government to lump a lot of drugs/meds/plants etc in one big group that the government can legally tax (and in most cases restrict the ability to pay the tax, therefore making it illegal).
Honestly, this is a US Supreme Court case in the making.







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