Last time I checked, the possession, sale and use of marijuana was still a crime in all fifty States and the several territories of these United States, at least at the Federal level. It remains a "Schedule 1" substance and the DEA is still actively enforcing the Controlled Substances Act.
http://www.usatoday.com/story/news/2016/08/11/dea-marijuana-remains-illegal-under-federal-law/88550804/ A rider to a 2014 budget bill makes the status of medical use a bit cloudier but still banned.
Some States have taken measures, passed laws to decriminalize, even legalize its use and the Federal government has elected to turn a blind eye towards enforcement in those States, for the moment. But the Supremacy clause of the Constitution allows the US government to enforce Federal laws even if there's no State statutes in parallel and the new administration could start to do just that. (For example, my State has no law requiring me to pay Federal Income Tax but that doesn't stop our favorite uncle from collecting it anyhow.)
Personally I think that it should be legalized and taxed, but only if those tax proceeds are used to eliminate the 16th Amendment and get the government out of our collective private business.
This post was edited by Salt and Red Pepper at January 9, 2017 9:51 PM MST
This is a little conjecture and assumption towards you but I'm gonna say it anyways.
It cracks me up when people on the right talk about that when they are often the ones who talk about states rights about thingslike bathrooms and bakers but then throw that out the window when it comes to states rights to legalize pot.
Well, glad I could amuse you. But I'm merely observing the current laws on the books, not making a judgment with those observations. (In fact, I mentioned that I think that the CSA should be repealed in my opinion above and at that point it is up to the individual States.) And you're certainly free to ignore any laws you chose so long as you're willing to suffer the legal consequences if your are caught breaking them.
One other observation though. The USA is a nation of laws and we're stuck with each and every one of them, for better or worse. If we enforce some and chose not to enforce others (rather than repeal the "bad" ones) we damage the very foundation of our nation.
This post was edited by Salt and Red Pepper at January 9, 2017 10:02 PM MST
Actually it's been argued that both the "provide for the general welfare" verbiage and the Interstate Commerce clause give the Federal government that power. Both are a bit of a stretch IMHO. The Commerce clause may only come into play if the "substance" crosses State lines at some point. The welfare aspect is even more dubious.
And that choice to use, or not use should not be left to the States either, but to the People directly. And not just for marijuana use. For example, if I'm in my final stages of life and my oncologist or anesthesiologist thinks I should try a drug currently on the Schedule 1 list to obtain a better quality of life for my remaining days it's none of the Federal or the State governments' damn business if I do so.