Examples of Federal Laws That Conflict With State Laws

Just because an act is legal under state law does not mean it is legal under Federal law, and vice versa. Continue reading to learn a couple of examples that fit this scenario, as well as, what you should do if you are facing prosecution for such laws.

Indiana Criminal Defense Lawyer 317-636-7514

Indiana Criminal Defense Lawyer 317-636-7514


In our country, there is a definite history of conflict between state and federal laws. Today, you can still find such conflicts surrounding controversial topics. Two of the most publicized laws that conflict between state and federal rule are same sex marriage and marijuana use.

Marijuana Usage

Recreational and medical marijuana use is legal in some state, but it is illegal under federal law. Currently, Washington and Colorado are the only two states that permit the legal recreation use of marijuana, while many other states permit legal medical marijuana use with a valid doctor’s prescription. This can cause conflicts in court since marijuana use is not legal under federal law since it is deemed a controlled substance. Even growers and possessors of marijuana in the state-allotted amounts can be arrested by federal authorities and prosecuted. And although businesses are legally allowed to sell marijuana, and even given state-licenses to do so, they cannot open bank accounts nor accept credit card payments because banks are not allowed to do business with them under federal law.

Same Sex Marriage

Since marriage licenses are issued by local governments, marriage is traditionally a state issue. When it comes to same sex marriage, it is legal in many states, but not all, and federal law can trump this. Back in 2013, California voters enacted a law to ban gay marriage, but federal law deemed this enactment unconstitutional, so it was overturned. When this decision was appealed, the U.S. Supreme Court refused to make a ruling on the appeal. As of 2015, same sex married couples in the United States have equal access to all the federal benefits that married opposite-sex couples have, even if it is illegal under state law.

Rules for Conflicting Law

There are some resolutions that come into play when state and federal law conflict:

When a person has more rights under state law than they do under federal law, the state law will legally prevail.

If state law enforces more responsibility on its citizens than federal law does, the state law will legally prevail.

If state and federal law clearly conflict, the federal law will prevail. For instance, when a state law specifically permits an act that the federal law specifically forbids, federal law will overcome state law.

Charged With a Misdemeanor or Felony Offense in Indiana?

David E. Lewis Attorney at Law 317-636-7514

David E. Lewis Attorney at Law 317-636-7514

Call 317-636-7514 to schedule a consultation with aggressive Indiana criminal defense attorney, David E. Lewis. He will stop at nothing to protect your rights and preserve your freedoms. With decades of hands-on experience, you can trust Attorney David E. Lewis to build you a strong and impactful defense against your criminal charges. Call 317-636-7514 to schedule a free initial consultation for Indianapolis criminal defense, today.