Has this been tested in the SCotUS ?
Not to my knowledge specifically with marijuana but the Feds still stand behind the precedence of federal law over state law which has been upheld by SCOTUS in other areas. In 2008' in Altria Group v Good (555 US 70) SCOTUS said the following:
a federal law that conflicts with a state law will trump, or "preempt", that state law
The precedence of what is called pre-emption goes back to the Supremacy Clause of the Constitution (Art. 6, Clause 2) but the problem with this is that the signators of the Constitution understood supremacy in relationship to the specific authorities as described for example in Art. 1 and Art. 2 in regards to the delegated authority granted to the executive branch (Art. 1) and the Congress (Art. 2) but like Dorothy, we ain't in Kansas anymore!
So far the Obama administration has held at bay mostly I would think for purely political reasons but say in the case of a President Gingrich, all bets are off. Gingrich has even advocated the death penalty for drug dealers so no telling how far that fat ass fascist will go to achieve the power he so desires. Obama if granted a 2nd term will not have to face any re-election so that threat as a checks and balance are off so no telling with that what he would do with another 4 years. After watching the first 4, many good folk on the principled left are asking really serious questions about that very reality and many of growing number are walking away from Obama and the democrats.
So far everyone seems to like Paul but afraid to vote for him (variety of reasons) so I'll leave him out of the mix but he would work to rebalance the over extension of the Supremacy Clause and federal pre-emption like for example the nutty drug war. A war which has decimated the african american community and torn it apart with what appears as a velvet glove but hides an iron fist inside. Since Paul is out, this leaves as it appears now only Romney left and I'd look for him in his first term to be similar to Obama on the drug issue. A status quo for the moment but don't bet it won't get worse either under him.
Everything is in place to steamroll our
anytime they want too and there is little you or I can do to stop it. Sad part is, you guys just keep going back every 4 years and play the very game they want you too and then you bitch because it always only gets worse. And whose fault is that?
Correction: Art 1 is Congress and Art 2 is Executive, Sorry!