It’s not something subject to a court. The FBI could haul in a user of state-legal marijuana and charge them with crimes in Federal court whenever they want (subject to the federal law prohibiting funds being spent on prosecution of medical marijuana in certain states).
That it isn’t happening regularly is just because the FBI/DEA and other federal agencies aren’t currently focused on it. That could change any time at the whim of an executive order from Trump.
That it isn’t happening regularly is just because the FBI/DEA and other federal agencies aren’t currently focused on it. That could change any time at the whim of an executive order from Trump.