Gavin Howe
In the United States, federal laws are enacted by Congress, which is the lawmaking branch of the federal government. However, in certain cases, there can be a conflict between federal and state laws, raising the question of whether a federal law can be illegal. This scenario often arises due to the system of Federalism, where state governments and the federal government share power and operate in parallel, sometimes focusing on different priorities. While federal law generally supersedes state law, there are instances where state laws may conflict with or fail to address certain behaviours that are illegal at the federal level.
| Characteristics | Values |
|---|---|
| Can a federal law be illegal? | In the US, federal law supersedes state law in many but not all cases of conflicting laws. |
| The federal government may want states to adopt certain laws, but it doesn't happen automatically, and the federal government is limited in how it can make states comply. | |
| Marijuana legalization | Marijuana is an example of a law that is illegal at the federal level but legal in some states. |
| The federal government has shown a general disinterest in enforcing marijuana laws, and personal possession cases at the federal level are rare. | |
| The federal decriminalization of marijuana under the MORE Act may supersede state-level criminal statutes. |
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What You'll Learn
- Marijuana is illegal at a federal level but some states have legalised it
- Federal law supersedes state law in many cases of conflicting laws
- State law does not say federal law does not apply
- Federal law enforcement matters at borders and for interstate drug gangs
- Federalism: state and federal governments share power and can overlap
Marijuana is illegal at a federal level but some states have legalised it
In the United States, cannabis is classified as a Schedule I drug under the Controlled Substances Act, which means it has been determined to have a high potential for abuse and no accepted medical use, prohibiting its use for any purpose at the federal level. However, the federal law is generally not enforced against the possession, cultivation, or intrastate distribution of cannabis in states where such activity has been legalised. This means that while marijuana is illegal according to federal law, some states have legalised it for medical or recreational use, or both.
As of 2025, cannabis is legal in 39 out of 50 states for medical use and 24 states for recreational use. Alaska, for example, legalised medical marijuana in 1998, and later became one of the early states to adopt adult-use recreational marijuana, with voters passing a ballot measure in 2014. Colorado was the first state to establish a recreational marijuana market, passing a ballot initiative in 2012. Other states such as California and Illinois have also legalised marijuana, with the latter including a progressive element to its legislation, guaranteeing expungement or pardons for anyone with a low-level, nonviolent conviction.
The process of legalisation at the state level involves citizens or citizen groups petitioning a bill to a member of Congress, which then goes through a process of research, discussion, and voting in both the House of Representatives and the Senate. If the bill passes in both bodies of Congress, it is sent to the President for approval, who can either sign it into law or veto it. In some cases, Congress can vote to override a presidential veto, and the bill becomes a law.
While the legalisation of marijuana at the state level provides certain freedoms and opportunities, there are still complexities and challenges arising from the federal prohibition of the drug. For instance, dispensaries in Alaska faced difficulties in product distribution due to federal law governing air travel. Additionally, the unlicensed market continues to thrive, with cheaper, untaxed, and often untested products, creating competition for licensed shops.
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Federal law supersedes state law in many cases of conflicting laws
In the United States, federal law supersedes state law in many cases of conflicting laws. This principle is enshrined in the Supremacy Clause of the US Constitution, which states that the Constitution, federal laws, and treaties made under the authority of the United States are the "supreme Law of the Land." This means that federal laws take precedence over state laws and that judges in every state are bound to follow federal law, even if it conflicts with state laws or the state constitution.
The Supremacy Clause has played a significant role in shaping the country's legal landscape and has been invoked by the Supreme Court to establish a robust role for the federal government in managing national affairs. In its early cases, the Court relied on the Clause to hold that federal treaties and statutes superseded inconsistent state laws. This helped the young Republic enforce the treaty ending the Revolutionary War, charter a central bank, and pass other legislation without interference from individual states.
While the Supremacy Clause establishes the primacy of federal law, it is important to note that the federal government and the states share power in the United States. States have their own constitutions and laws, and they retain significant autonomy in many areas. However, when a state law and a federal law conflict, the federal law generally takes precedence. This is known as "preemption," and it can occur in several ways.
Express preemption occurs when a federal law explicitly states that it is preempting state law. Implied preemption, on the other hand, can take the form of conflict preemption, where compliance with both federal and state law is impossible, or obstacle preemption, where state law poses an obstacle to federal objectives. In these cases, federal law supersedes state law, and individuals or entities may be subject to federal enforcement actions even if they are in compliance with state law.
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State law does not say federal law does not apply
The Supremacy Clause establishes that federal law takes precedence over state law in the event of a conflict between the two. This clause, which is part of the Constitution, explicitly states that federal statutes and treaties are considered the "supreme law of the land," with no distinction made between them in terms of superiority. In other words, federal law always prevails over state law when there is a conflict, and state legislatures are subordinate to the federal government.
This principle was first applied by the Supreme Court in the Ware v. case in 1796 and has been reaffirmed in subsequent cases, such as Martin v. Hunter's Lessee and Cohens v. Virginia, where the Court asserted its authority to review state court decisions involving issues arising under the Constitution and federal law. The Supremacy Clause grants the Supreme Court the power to interpret the Constitution and overrule state courts' decisions.
The Supremacy Clause also gives Congress the authority to establish rules that American courts must follow, even if they conflict with state laws. Congress can also restrict what state law can say about certain topics or put them off-limits entirely. This power is derived from the Constitution and allows Congress to ensure that its directives take precedence over state laws and constitutions.
While the Supremacy Clause establishes the priority of federal law, it is important to note that it does not always require the preemption of state law. In cases where there is no direct conflict between federal and state law, judges can follow both. For example, in the context of prescription drug labels, Congress set federal minimum standards while also allowing state regulations to impose more stringent requirements. Similarly, in Chy Lung v. Freeman, the Supreme Court interpreted lawmakers' intent to avoid preempting state laws when rules or regulations do not explicitly state whether preemption should apply.
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Federal law enforcement matters at borders and for interstate drug gangs
Federal law enforcement faces significant challenges in addressing drug trafficking and gang-related activities, particularly at the borders and in interstate regions. The complexity of these issues is heightened by the involvement of transnational criminal organizations, such as Mexican Drug Trafficking Organizations (DTOs), and the evolving tactics employed by drug gangs.
At the borders, federal law enforcement agencies, such as the Drug Enforcement Administration (DEA), play a crucial role in combating drug smuggling and illegal alien crossings. The Southwest Border, for instance, has been identified as a principal entry point for undocumented aliens smuggled from Mexico, Central America, and South America. Mexican DTOs exploit this region by collaborating with alien smuggling organizations (ASOs) and employing gang members to enforce and secure their operations. These DTOs also engage in cross-border firearms smuggling, purchasing weapons from licensed and unlicensed dealers in the United States and smuggling them into Mexico.
Interstate drug gangs pose another significant challenge for federal law enforcement. Gangs with connections to Mexican cartels, such as the Paisa gang in Nevada, act as distributors and enforcers, contributing to the drug trade within the United States. The recruitment of U.S. citizen gang members by Mexican DTOs is of particular concern, as they can more easily evade law enforcement scrutiny when crossing the border, facilitating the transportation of illicit drugs. Additionally, states like Arkansas, with its rural areas, interstate highways, and limited law enforcement presence, provide an attractive environment for drug trafficking organizations to establish their operations and distribute drugs to other parts of the country.
To effectively address these issues, federal law enforcement agencies must coordinate their efforts with state, local, and foreign counterparts. The DEA, for instance, is responsible for investigating and preparing for the prosecution of major violators of controlled substance laws, including drug gangs operating at the interstate and international levels. They also manage a national drug intelligence program, working with various officials to collect, analyze, and share strategic information. By leveraging intelligence and collaborative efforts, federal law enforcement can disrupt drug trafficking networks, seize illegal assets, and bring criminals to justice.
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Federalism: state and federal governments share power and can overlap
Federalism in the United States is a system in which the state and federal governments share power and can overlap in their functions. This is distinct from a corporation or military system, where divisions answer to a central authority. In the US, the federal government may want states to adopt certain laws, but it cannot force them to do so. For example, the federal government may ban the sale of raw milk, but some states might still allow it.
The US Constitution's Supremacy Clause addresses potential conflicts between state and federal laws. It includes the doctrine of "preemption," which states that federal law supersedes state law in most conflicting cases. However, federal law only overrides state law if the federal government has jurisdiction. This is why, despite federal law prohibiting marijuana, some states have legalized it for medical or adult use without facing consequences.
The federal government has shown little interest in enforcing marijuana laws in states that have legalized it, possibly because they don't want to test the constitutionality of these laws. Federal law enforcement primarily focuses on border control, large interstate drug gangs, and enforcing federal regulations, such as banking. While personal possession cases at the federal level are rare, they still occur.
The dynamic between state and federal governments can be likened to a teacher and principal in a school setting. The teacher (state government) may allow something, like eating potato chips in class, while the principal (federal government) forbids it. As long as the principal isn't around, the teacher won't enforce the principal's rule. However, if the principal drops by, the student will be punished. Similarly, the federal government can set and enforce overarching laws, while state governments have some autonomy within their jurisdictions.
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Frequently asked questions
In the United States, federal law supersedes state law in most cases of conflict. However, there are instances where state laws may contradict federal laws, such as in the case of marijuana legalization in certain states.
In the US, the federal government shares power with state governments, and they can overlap or work in parallel. While the federal government may want states to adopt certain laws, it doesn't happen automatically, and the federal government has limited ways to enforce compliance.
The Supremacy Clause of the US Constitution, specifically the doctrine of "preemption", states that federal law supersedes state law in most cases of conflicting laws. However, federal law enforcement agencies have limited resources and may choose not to enforce certain laws, such as in the case of marijuana legalization in some states.
Yes, federal law can override state law, but only if the Federal government has jurisdiction.
