Still breaking Federal law. Colorado and Washington are going to force the issue on the federal level, but until they do, the DEA can and will (as they care to) prosecute pot smokers. The precedent was set in Gonzales v. Raich (2005), where the US Supreme Court held that the federal government has the constitutional authority to prohibit marijuana for any and all purposes, including Medical Marijuana.In 5 years (maybe less), I think this will be a non-issue. The NCAA already said something along the lines of "we have determined marijuana is not a performance enhancing substance" or STTE over these past few months. I would assume they did so in preparation for the inevitable failed marijuana test in Colorado or Washington, where it's legal for everyone else who isn't a NCAA athlete to smoke the stuff. (Which would be just another issue to be used against the NCAA in class actions suits ---- "see they treat us differently from the rest of the students...we should be paid like the employees we are".)
With Colorado estimating annual taxation of $125 million per year on cannabis sales, you can bet that this "pot of gold (or green, if you will) at the end of the tax rainbow" will cause more & more states to put legalization on the ballot. Within 5 years, I would think it will be prevalent enough that the NCAA won't ask for drug testing for marijuana anymore. And honestly, I wouldn't be surprised if it happens within 2 years.