Mr. O'Malley may be under the misimpression that a state can't write an effective medical marijuana law. In fact, no provision of the federal drug law indicates an intent of Congress to exclude the states from passing laws on marijuana or other drugs except if "there is a positive conflict between ... [the Controlled Substances Act] and that State law so that the two cannot consistently stand together." This means the federal drug law acknowledges states have the power to write their own marijuana laws, and they can differ from federal law. If Mr. Oberly thinks he can persuade a federal court to invalidate the Delaware medical marijuana law for being in "positive conflict" with federal law, he should do so. But no U.S. attorney has ever tried such a case in any of the 16 medical marijuana states.