The St. Joseph, Missouri News Press article February 22, 2021 “Legal Concerns- Lawyers worried they’ll be reprimanded for taking marijuana clients.”
The lawyers fear a new Missouri Supreme Court comment will make it impossible for them to represent medical marijuana clients because of state law being in conflict with federal law. While medical marijuana was legalized by majority vote of the public, Patrick Nolan, a Missouri attorney says it is still illegal under federal law.
I don’t claim to be a lawyer but I don’t believe the lawyers have anything to worry about especially if they want to take their argument to the Supreme Court. As I see it, the Federal Government has no jurisdiction in marijuana regulations concerning individual states. The argument could be made that the federal government does has jurisdiction in Washington DC but not in the individual states.
The Tenth Amendment of our Constitution says, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” Doesn’t it follow then that the Federal Government has no jurisdiction over not only marijuana but for that matter any other drugs or even food unless the Constitution is amended to give them jurisdiction. In other words a federal law that is not constitutional is not a law at all.