State constitutions can be amended by voter initiative to legalize activity still barred federally.
Evidence
In this same 2012 election cycle, Colorado voters amended their state constitution to legalize the cultivation, sale, and use of recreational marijuana, becoming one of the first states to do so (it is still against federal law). — Lawrence M. Friedman and Grant M. Hayden, American Law, 956
Categorization
- XREF: connects to: Voter initiatives countered Grutter while the ruling still guides other states — G. Alan Tarr, Judicial Process and Judicial…, 668