Wouldn’t this be a case of state law directly conflicting with federal law? Wouldn’t this mean that it will never truly be legal in California as long as the state is a part of the US?
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If you apply the principles that are being espoused by the President of the U.S. and the Justice department, since Arizona has no need to pass or enforce immigration law, then California has no business worrying about drugs.
Let the Fed handle it all.
well, its legal and illegal. the feds can bust you if they want, and if a state cop wants to be a dick, he can call the feds even if you have a medication card if you are in possession. states are federally regulated, but regularly have certain bylaws such as this one that can directly conflict with federal laws. federal law trumps state law
now i kinda want to smoke pot.
You can be acting legally under state laws and at the same time be acting illegally under federal laws or vice versa.
Under the US Constitution there is a defined separation of both federal and state powers. California has the right to determine the laws relating to the “Health and Safety” of its state and its citizens. Medical marijuana is the epitome of a states rights issue. Each state (where medical marijuana is legal) has determined in conflict with federal law what they believe is best for their own state.
While the Federal government via the Controlled Substances Act has classified marijuana as a schedule one narcotic making marijuana illegal for any and all purposes on a federal level….California can pass a law legalizing Marijuana as it pertains to the “Health and Safety” of California citizens.
The laws conflict…but if the federal government does not choose to exercise its jurisdiction on an individual growing, using or possessing marijuana the laws of the state would apply.