The City of Santa Cruz, California has sued the US Attorney General over federal interference with California’s medical marijuana law. Among other things, the plaintiffs allege that the government’s conduct violates the 10th Amendment. The defense brought a motion for summary judgment on the 10th Amendment issue, which they recently lost.
San Diego and San Bernardino counties have refused to follow California’s medical marijuana law. They have spent a fortune on litigation instead, and they’ve been consistent losers in court. Their latest losing theory is that the federal prohibition against marijuana should preempt California law.
Take a look at the complaint in the Santa Cruz case. For comment on the case, look here, here and here. If you’re interested in the Supremacy Clause case, go here.