While no state law may repeal or otherwise make ineffective an applicable federal law, it is clear that the states are free to enact medical marijuana laws and otherwise legalize or decriminalize marijuana, for purposes of state law only, without implicating the Supremacy Clause of the United States Constitution. See, e.g., David W. Ogden, Deputy Attorney General, Memorandum for Selected United States Attorneys: Investigations and Prosecutions in States Authorizing the Medical Use of Marijuana, (Oct. 19, 2009), available at http://www.justice.gov/opa/documents/medical-marijuana.pdf. According to a news account published today, fifteen states and the District of Columbia “have legalized marijuana use for ill patients who have a doctor’s recommendation.” Tony Pugh, Medical Marijuana Industry Thriving, K.C. Star, Apr. 18, 2011, http://www.kansascity.com/2011/04/18/2807405/medical-marijuana-industry-thriving.html.
The fact that a measure’s merits are not relevant to this Office’s responsibilities under A.C.A. § 7-9-107 may be illustrated by the fact that my predecessors have certified no fewer than five previous medical marijuana proposals. See Op. Att’y Gen. 2004-074, 2000-191, 1999-419, 1999-415, and 1999-367. They have also certified at least three proposals for the decriminalization of marijuana. See Op. Att’y Gen. 99-299, 97-302, and 87-278.