Clarence Thomas, Supreme CourtThe most conservative judge said on Monday that due to a jumble of federal policies on marijuana, federal law on its sale or cultivation may no longer make sense.
“A ban on the use and cultivation of marijuana on interstate highways may no longer be necessary or appropriate to support the federal government’s fragmented approach,” he wrote.
His view came when the court refused to hear a complaint from a medical marijuana clinic in Colorado that was denied federal tax deductions that allowed other businesses.
Thomas said the 2005 Supreme Court’s ruling in favor of federal law that illegally possesses marijuana may now be out of date.
“Federal policy over the last 16 years has greatly undermined that reasoning,” he said. “The federal government’s current approach is a half-in, half-out regime that simultaneously allows and bans the local use of marijuana.”
“Under this rule, businesses that are still in the red after paying workers and keeping their lights on could nevertheless have significant federal income taxes,” said Thomas. Stated.
The Justice Department has instructed the state’s federal prosecutor not to pursue proceedings against marijuana proceedings in accordance with state law. And since 2015, Congress has banned the Justice Department from using federal funds to prevent states from enforcing their own laws.
However, the IRS continues to enforce its own rules for producers and dealers.
“The willingness to look at marijuana in reverse is more temporary than cohesive,” said Thomas.