united-states constitutional-law criminal-procedure federalism
If Gamble v. United States ends up creating a precedent, how could the federal and state governments agree on who gets to prosecute?
<p><a href="https://en.wikipedia.org/wiki/Gamble_v._United_States" rel="nofollow noreferrer">According to Wiki</a>:</p>

<blockquote>
  <p>The separate sovereigns doctrine holds that because the federal and state government are "separate sovereigns", the Double Jeopardy Clause does not apply to prosecution of the same crime under both federal and state laws. The doctrine can be seen in mid 20th century Supreme Court decisions; the 1959 cases of Abbate v. United States and Bartkus v. Illinois ruled in affirmation of the doctrine.</p>
</blockquote>

<p>Lets say the Supreme Court rules that double jeopardy rules should apply even if the crime is prosecutable under both federal and state laws. In this case, how could the federal and state governments possibly agree on who gets to prosecute a given crime? Are there examples of other countries solving a similar issue in their jurisdiction?</p>

<p>As an example, lets say Washington state wants to protect its marijuana industry against federal prosecution. It then creates a law mandating a $500 fine for anyone found violating federal marijuana laws. Now anyone who needs to get rid of federal prosecution could just plea guilty to a state court, pay a $500 fine and walk away scot free. The federal government could pull off a similar trick to undermine state laws.</p>

<p>Absent newly enacted law in response to the end of the separate sovereigns doctrine, the first case to which jeopardy attaches (generally speaking when a jury is sworn and the first item of evidence is presented to it) would bar subsequent prosecutions, without regard to whether it arose in state or federal court. It would be a race to the court house rule. </p>

<p>This is how it works if there are multiple prosecutions within a state, for example, one commenced in a municipal court that is not part of a state court system, and another commenced in a state court of general jurisdiction.</p>
