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10 APRIL 2016 FOGHORN FOGHORNFOCUS HUMAN RESOURCES C alifornia became the first state to legalize marijuana for medical uses in 1996 but since then many other states have legalized some form of marijuana use. Currently medical marijuana is legal in 23 states and the District of Columbia plus four of those states and D.C. also have legalized its recreational use for those age 21 and over. The liberalization of state marijuana laws appears likely to continue with as many as 19 states considering marijuana-related ballot initiatives in the coming year. Factors contributing to this movement include a growing acceptance of the medical benefits of marijuana a desire to reduce incarceration rates and a belief that marijuana use is a victimless crime. Beyond societys changing attitudes state governments have an economic motive for welcoming legalized marijuana just as several have welcomed legalized gambling. In Colorado where both medical and recreational marijuana use is now legal taxes on marijuana expanded the state coffers by approximately 70 million during fiscal year 2014-15 exceeding even alcohol tax revenues. The state of Washington collected 67.5 million in taxes during its first year with both recreational and medical marijuana sales. But regardless of the trend towards commercialized marijuana at the state level it is still illegal under federal law. The Controlled Substances Act CSA lists marijuana as a Schedule 1 drug meaning its use is unlawful throughout the United States with or without a medical prescription an act of Congress would be required to change that. While the Department of Justice DOJ has elected to refrain from aggressive enforce- The Marijuana Challenge Potential Conflicts Between State and Federal Law By Lee Seham Esq. and Mark Meeker Esq. American Maritime Safety Inc. Alaska Hawaii States with Medical Marijuana Medical ment with respect to small scale intra- state production and consumption this restraint merely constitutes an exercise of prosecutorial discretion rather than a change in federal law.According to the DOJ neither state nor local law provides a legal defense to a violation of federal law including a civil or criminal violation of the CSA. Recently this clash between state and federal marijuana laws played out in a Colorado case involving Brandon Coats a quadriplegic a medical marijuana prescription holder and formerly a customer service representa- tive for Dish Network. Mr. Coats used medical marijuana during his off-hours to treat muscle spasms. But Dish main- tained a zero-tolerance drug policy so in 2010 when a random drug test came back positive for marijuana he was terminated. At trial Mr. Coats argued Alaska Hawaii Adding Possible 2016 Ballot States Medical Medical recreational Medical voting on recreational Medical andor recreational legalization proposed