However, even if the proposition had passed, the sale of cannabis would have remained illegal under federal law via the Controlled Substances Act.

In the administration's view, suicide is not a "legitimate medical purpose" under regulations that carry out the federal Controlled Substances Act.

At the federal level, cannabis per se has been made criminal by implementation of the Controlled Substances Act.

It held that medical necessity was a legally cognizable defense to charges under the Controlled Substances Act.

The Controlled Substances Act did not recognize a medical necessity exception.

Thus "a medical necessity exception for marijuana is at odds with the terms of the Controlled Substances Act."

Some apparently believe that this invalidates the substantive due process argument against the Controlled Substances Act.

The two women sued for a declaration that the federal Controlled Substances Act did not apply to their situation.

The federal government, in the Controlled Substances Act of 1970, placed drugs into five groups called "schedules," driven by three criteria:

The Controlled Substances Act does not recognize the medical use of marijuana.