Oregon Judge Says State Vote Can’t Change Federal Law on Marijuana

A medical marijuana dispensary in southwest Oregon was told it cannot carry marijuana because it's illegal in the United States regardless of what Oregon law says.

The judge is only a county judge (Josephine County) so he may get overruled on appeal, but it's an interesting situation.

The judge didn't actually issue a ruling. He said he didn't need to. The city where the dispensary was located told it no marijuana could be possessed or sold. The dispensary sued, but it has no grounds because federal law trumps state and local laws.

It is unlikely this legal logic will become influential in Washington, and the feds have done nothing to stop legalization in Washington and Colorado.

However, it does reveal that Oregon cities and counties may sue to block the sale of the drug the same way many in Eastern Washington have done.