You can make an argument (though media typically characterizes it as “recreational”), that the states that have authorized pot withoit a physician recommendation have actually legalized it for OTC medical use like any of the wide range of drugs people are free to buy and use according to their own interpretation of their medical needs.

OTOH, if the DoJ decides to push the limits of its authority, that's an argument that will potentially have to be made after they’ve seized your assets and charged you everyone in your business—and potentially outside business partners who knew what your business is—with major felonies some of which have 20-year mandatory sentences, and maybe offered you a chance to plea down to a few years. So, even pushing the argument will be a big risk.