The United States' ongoing "War on Drugs" has reached a new level of confusion as several states have deviated from the unremitting federal policy against marijuana use and sale. Contributing to the confusion are the co-extensive, yet sometimes conflicting Constitutional tenets of interstate commerce, Tenth Amendment state sovereignty, and historic principles of federalism in state criminal enforcement. While there is no apparent end in sight for this overarching battle of federal versus state control, this article focuses on the highly controversial issue of what level of government should take responsibility for the formation of marijuana policy. Though much attention has been paid to the constitutionality and wisdom of drug enforcement, relatively little "has been paid to [the] level-of-government issues [present] in current drug policy discussions."

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