Can something be illegal federally but legal in a state?
Asked by: Jewel Senger II | Last update: October 1, 2025Score: 4.6/5 (67 votes)
While state laws only apply to citizens within a particular state, federal law applies to all U.S. citizens. Both medical and recreational marijuana laws “clash” with U.S. federal law as a result, a person can act in compliance with one set of marijuana laws, while being in violation of another.
Can a state outlaw something that is federally legal?
Aaron (1958), the Supreme Court of the United States held that federal law prevails over state law due to the operation of the Supremacy Clause, and that federal law "can neither be nullified openly and directly by state legislators or state executive or judicial officers nor nullified indirectly by them through ...
Does state override federal law?
The Supremacy Clause refers to the foundational principle that, in general, federal law takes precedence over any conflicting state law.
What happens when federal and state laws contradict each other?
Federal Preemption
When state law and federal law conflict, federal law displaces, or preempts, state law, due to the [wex:Supremacy Clause] of the Constitution. U.S. Const. art. VI., § 2.
What is an example of conflict between state and federal law?
Many other states allow people to use medical marijuana if they have a doctor's prescription. This can cause problems in court because marijuana is still illegal under federal law. Even people who grow or have marijuana in the amounts allowed by their state can be arrested and prosecuted by the federal government.
How Marijuana Is Both Legal and Illegal in the U.S.
Does state law override local law?
Preemption refers to laws at one level of government taking precedence over laws of a lower level. As such, no entity at the lower level can pass a law that allows action that would violate the higher-level law. Federal laws take precedence over state and local law, and state law can take precedence over local law.
In what situations does federal law preempt state law?
If Congress does not include an express provision for preemption in the text of a statute, a court could still find that the statute preempts state law. Implied preemption can occur when state and federal laws directly conflict with each other, or when federal laws dominate a field that a state law seeks to regulate.
What is federally illegal but legal in states?
While state laws only apply to citizens within a particular state, federal law applies to all U.S. citizens. Both medical and recreational marijuana laws “clash” with U.S. federal law as a result, a person can act in compliance with one set of marijuana laws, while being in violation of another.
What is an example of a federal preempt?
For example, the courts have held that the National Labor Relations Act (NLRA) preempts state laws directed at conduct actually or arguably prohibited or protected by the NLRA or conduct Congress intended to leave unregulated.
What happens if a state violates the Constitution?
Courts have the power to strike laws that violate a state's constitution, and if the law violates the federal Constitution it can be challenged through a 42 U.S.C.
Do all states have to abide by federal law?
Federal laws are rules that apply throughout the United States. These laws apply in every state, such as: Immigration law. Bankruptcy law.
What is a nullification?
1. : the act of nullifying : the state of being nullified. 2. : the action of a state impeding or attempting to prevent the operation and enforcement within its territory of a law of the U.S.
Is federal law binding on state law?
Remember the State/Federal distinction - state courts usually bind only courts within that state, and federal courts usually bind only courts within that circuit. Ex. Decisions of the Ninth Circuit Court of Appeals do not bind the California Superior Courts.
Can state law supersede federal law?
The core message of the Supremacy Clause is simple: the Constitution and federal laws (of the types listed in the first part of the Clause) take priority over any conflicting rules of state law.
Do state gun laws supersede federal laws?
Q: Do Federal Gun Laws Override State Laws? A: Yes, federal laws, including those regarding gun control, will supersede a state's laws on the particular matter. The Constitution has a Supremacy Clause that prevents states from interfering with the federal government's practicing of its constitutional powers.
What is the 10th Amendment?
“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.”
Does a state have the right to ignore the laws of the federal government?
Thus, the federal courts have held that under the Constitution, federal law is controlling over state law, and the final power to determine whether federal laws are unconstitutional has been delegated to the federal courts. The courts therefore have held that the states do not have the power to nullify federal law.
Which states have preemption laws?
Legal basis
Most states have some form of home rule, which expands municipal power; despite this, only California and Ohio protect municipalities from preemption. This protection is shrinking, since Ohio preempted cities from raising the minimum wage and charging a fee on single-use plastic bags.
Can a local ordinance supersede state law?
A local ordinance will be preempted by state law when it is in express conflict with state or federal law. there is no direct conflict if the state or federal government has fully occupied the area of law in general.
Can states ban things that are federally legal?
States are free, in general, to outlaw things that the federal laws permit. The exception would be state laws that a court rules unConstitutional, such as discriminatory bans on some activity or status.
What crimes are not federal?
Examples of State and Federal Crimes
Examples of state criminal charges include rape, murder, DUI, drug possession, theft, robbery, shoplifting, and assault. Most misdemeanor charges are state crimes. Common examples of federal criminal charges include tax evasion, terrorism, and those levied by the IRS.
What is an example of state law conflicting with federal law?
Marijuana Usage
Recreational and medical marijuana use is legal in some state, but it is illegal under federal law. Currently, Washington and Colorado are the only two states that permit the legal recreation use of marijuana, while many other states permit legal medical marijuana use with a valid doctor's prescription.
What is an example of federal preempt?
A state law can conflict with a federal law, and therefore be displaced by operation of the Supremacy clause, even when the federal law does not have a specific, express preemption provision. For example, the Fair Labor Standards Act (FLSA) requires employers to pay most employees time-and-a-half for overtime.
What is an example of the Supremacy Clause between state and federal law?
Another instance where the Supremacy Clause was during the McCulloch v. Maryland case. In its ruling, the Supreme Court Jury asserted that the State of Maryland could not tax a federal entity such as the Second Bank of the United States if it contravened the Federal statutes.
Do federal agencies have to follow state laws?
Depends upon the enabling legislation for that agency. Federal buildings must meet local building codes, for example. Federal medical facilities follow local and state medical protocols. Federal land agencies generally are required to follow state environmental laws if they are more stringent.