Frum. There are a lot of complicated issues. perhaps the better way to say it is that it’s technically assur, but obamas justice dept has given a heter to anyone possessing it in a state that legalizes it. Note also that the contr subst act permits the atty general to reclassify drugs out of schedule one. Atty general serves at the pleasure of president. While Obama has declined to declassify, he has essentially tacitly approved a Heter in states that permit it.
And of course I realize that Supr ct is final arbiter of constitutionality but my point on that is its fluid and what is constitutional today, may not be tomorrow.