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One of the Supreme Court’s most conservative justices, Clarence Thomas, said that because of the multitude of federal policies on marijuana, federal laws against its use or cultivation may no longer make sense.

“A prohibition on intrastate use or cultivation of marijuana may no longer be necessary or proper to support the federal government’s piecemeal approach,” he wrote. Thomas said the Supreme Court’s ruling in 2005 upholding federal laws making marijuana possession illegal may now be out of date.

Thirty-six states now allow medical marijuana, and 18 also allow recreational use. The Department of Justice has instructed the nation’s federal prosecutors not to pursue cases against marijuana businesses that follow state law, and since 2015, Congress has prohibited the Justice Department from spending federal money to prevent states from carrying out their own laws. The IRS, however, continues to enforce its own rules against growers and dealers.

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