Question

Marijuana is legal in California. It's also legal in Colorado. It's not legal at the federal level.

Assume that a party in Colorado wants to buy some marijuana from a party in California. They enter into a purchase contract for a ton of California's finest. At some point a dispute arises over the contract and one party decides to take the other party to federal court under diversity jurisdiction.

How will the court proceed/decide?

Answer 1

The federal law does not consider Marijuana as legal. Under Federal Controlled Substances Act (“CSA”) marijuana is a Schedule I drug and is still listed as illegal. Federal Court has formally declared it as having no acceptable medical use and a high potential for abuse, Federal Law does not permit its trade because of lack of accepted safety.

Therefore to proceed or decide the case under diversity jurisdiction (case between two different States) of federal law , the agreement between the parties to enter into the contract to sell marijuana between states will be legally challenged regarding its validity and enforceability. Federal law will declare the contract between California and Colorado to sell marijuana as prevailing under Schedule I and thus considered as illegal, nullifying its validity and enforceability.

Therefore the court will proceed with declaring the contract as invalid.

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Thanks dear student.. Hope this will help you..

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Do because of lacking jurisdiction, the opposite party (defender) through various mechanisms challenge the validity of judgement.

still lists marijuana as an illegal, federal government has formally declared as having no “currently accepted medical use” and a high potential for abuse.

In order to A court must have jurisdiction to enter a valid, enforceable judgment on a claim. Where jurisdiction is lacking, litigants, through various procedural mechanisms, may retroactively challenge the validity of a judgment