And why should the federal government have ANY jurisdiction here? This is a private citizen growing a plant on presumably his own private property. Unless even a seed of the plant went across state lines or into another country then the federal government should have no case here.
Facing a life sentence though? Thats massively crazy. 5 yrs at most I would say.
The federal government ( DEA, FBI, and others ) may argue that States can not unilaterally abrogate federal laws .
This may end up at the US Supreme Court as the DEA and FBI are active in Nevada, California, Michigan...too.
That agriculture of any kind is interstate commerce was decided long, long ago.
Because, although Scalia and his cronies do not like the Commerce Clause, they like pot even less. They don't think it's good for you. Read the Gonzalez v. Raich case from about five years ago.
And don't smoke pot!!
They don’t, but the Federal employees in black robes have already spoken on this matter:
http://en.wikipedia.org/wiki/Gonzales_v._Raich
The States are rightfully ignoring this illegitimate edict about the bounds of their own appointing employer’s power, and proceeding anyway.
While they have not yet acted to protect their Citizens from this Federal usurpation.
I think this little rebellion is an extremely good and necessary thing.
Someone has to tell the Federal Governance they have not unlimited power to regulate or ban anything and everything, both interstate and intrastate.