The feds can't stop a state from legalizing under state law. There is an argument that the feds can stop the state from implementing regulations, licensing production and sales, and perhaps, collecting taxes. These are new questions and one cannot be sure how a court would rule on these issues. But the feds can't successfully challenge state legalization. Of course, if one is charged in federal court with federal law violations, the state law will not be of any help.
Cultivation is allowed by licensed producers for commercial distribution. It is still illegal for individuals to grow their own. (Colorado allows individuals to grow 6 plants).
There is absolutely no scientific basis for the 5 ng/l limit. The science people argued against including this provision, but the cops liked it, so in it went. My understanding is that a patient who uses medical cannabis regularly can easily test at over 5ng/l the day after using their medicine, and certainly without being intoxicated in any manner. Furthermore, anyone under 21 with ANY amount in their blood is automatically DUI. Thus, a 20 year old with cancer who uses lawful medical cannabis to offset the nausea from chemotherapy is always DUI.
The truth about cannabis and driving (which even many pro cannabis are scared to argue) is that, for experienced users, there is little correlation between cannabis ingestion and traffic accidents. Studies show that those on alcohol tend to drive faster and take more chances, while those on cannabis tend to drive slower and take fewer chances.
Bill, tgo
