You might think this is good news since Justice Thomas is one of the most conservative Justices on the Court, therefore surely more liberal Justices would agree.
The case today involved a medical marijuana dispensary in Colorado that, even though it was operating completely legally within the state of Colorado, could not take advantage of federal tax breaks for businesses because the federal government considers it to run an illegal drug business.
The Court rejected this argument on the basis that the federal government had a strong interest in locking down the entire national market for marijuana, and that even though medical marijuana was legal in California, Congress could still criminalize it under federal law in its quest to stop illegal drugs everywhere.
That decision was 6-3, with Justice Thomas dissenting along with Chief Justice William Rehnquist and Justice Sandra Day O’Connor.
In that separate opinion, Justice Thomas called out the federal government for its “half-in, half-out regime that simultaneously tolerates and forbids local use of marijuana.” What he is referring to is the fact that the Attorney General has refused to reclassify marijuana to permit use in states where it is legal and other parts of federal law, such as the tax code in this case, continue to treat it as illegal.
To Justice Thomas, this confusing patchwork of federal approaches to state legalization undermines the 2005 Supreme Court decision.
These are encouraging words for anyone who thinks the federal government is overreaching in the way it continues to prohibit and regulate marijuana, especially in the states where laws have been relaxed.