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Washington, a former Jets football player, is hoping to force the hand of Congress and the White House by arguing that current federalpolicy is unconstitutional given marijuana’s health benefits. In 2015 there were zero. Compare this to legal, prescription opiods and other similar drugs–over 19,000 deaths in 2015.
483 (2013), concurrence regarding preemption concerning insurance policies of federal employees – supports preemption when the “ordinary meaning” of a federal statute “effectively repeals contrary state law” by virtue of a “direct conflict” Oneok, Inc. Maretta , 569 U.S. Learjet, Inc. ,
constitutes a ‘stop-selling’ theory, which courts have consistently found to be preempted by federal law.” In 2015, private plaintiffs, wielding state-law causes of action, attempted to enjoin the continued sale of homeopathic products market despite the FDA allowing them to be sold. 2015 WL 4514510 (S.D. July 24, 2015).
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