Pubdate: Wed, 25 Jan 2006
Source: San Diego Union Tribune (CA)
Copyright: 2006 Union-Tribune Publishing Co.
Contact:  http://www.uniontrib.com/
Details: http://www.mapinc.org/media/386
Note: Does not print LTEs from outside it's circulation area.
Author: Kenneth A. Regas

THE PEOPLE'S WILL ON POT, ITS USE AND THE LAWS

I am perplexed by recent news concerning the supposed conflict between
California and federal marijuana laws.

As I understand it, California and federal criminal laws are separate
systems. Certain behavior can be allowed under one system while it's
prohibited by the other. California law may not prohibit treason, for
example. The U.S. code certainly does. So if you're aiding America's
enemies, you have federal agents to worry about, but maybe not the
local sheriff.

By that thinking, California may set up a system of identification
cards by which a sick person demonstrates eligibility to purchase
marijuana under California law, even though that purchase may run
afoul of federal law. There's no conflict, just different sets of
authorities enforcing different sets of laws. Neither "trumps" the
other.

Am I missing something? I'm no lawyer and would really would like to
be enlightened.

Kenneth A. Regas

Poway
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MAP posted-by: Richard Lake