True, but our const is loaded up with all kinds of junk. Practically, there's not much difference between const law and statutory law in this state because we change our const so frequently, (dozens of times in my memory, hundreds of ballot initiatives). Just because something is in the const doesn't mean it is immutable. For example, the const outlaws spring bear hunting as well, but that has not prevented the GA from taking up the issue this session. Ditto TABOR. Ditto equality for gays. Because it's easy to get things on the ballot, many laws that should be statutory have made their way into the const, and lawmakers have grown adept at doing end-runs around voter-approved initiatives. The feds couldn't care less what legislative vehicle was used to enact MMJ laws, and the fact that it's part of our const means much less than most people believe. I'm not an attorney, but if someone out there is, chime in.