Pubdate: Thu, 29 Nov 2007
Source: Willits News (CA)
Copyright: 2007 Willits News
Contact:  http://www.willitsnews.com/
Details: http://www.mapinc.org/media/4085
Author: Marc Komer, Legal Document Assistant
Bookmark: http://www.mapinc.org/mmj.htm (Marijuana - Medicinal)

Self-Help Law:

CONFLICT BETWEEN STATE AND FEDERAL POT LAWS

Under our federalist system of government, the states, rather than 
the federal government, are entrusted to exercise a general police 
power for the benefit of their citizens. Due to this constitutional 
division of authority between the federal government and the states, 
the State of California may elect to decriminalize conduct, such as 
medical marijuana activity, which remains illegal under federal law. 
Even if law enforcement officers take a personal position on any 
conflict between state and federal law, they are bound by 
California's Constitution to uphold only state law.

The California Supreme Court stated in People v. Mower (2002) that 
the State of California is responsible for enforcement of its own 
marijuana laws, and not those of the federal government. Under 
California medical marijuana law, patients and caregivers are exempt 
from prosecution by the state regardless of federal law.

In People v. Tilehkooh (2003), the court found California courts 
"long ago recognized that state courts do not enforce the federal 
criminal statutes." The same court also stated "the federal criminal 
law is cognizable as such only in the federal courts." In People v. 
Kelly (1869), it was determined that "State tribunals have no power 
to punish crimes against the laws of the United States as such. The 
same act may, in some instances, be an offense against the laws of 
both, and it is only an offense against the State laws that it can be 
punished by the State, in any event."

More recently, California Attorney General Bill Lockyer provided some 
clarification on the role and responsibility of the state in 
upholding medical marijuana law. The state has assisted a patient in 
a case where a superior court ruled against the patient, claiming 
"[medical marijuana cultivation is] still illegal under federal law."

On appeal, Lockyer dismissed the entire federal law argument, stating 
"the continuing prohibition of marijuana possession under federal 
law" does not come into play. Instead, Lockyer "acknowledged both 
generally and in the specific context of interpreting the 
Compassionate Use Act it is not the province of state courts to 
enforce federal laws."

In future columns, I will discuss California marijuana laws in more detail.
- ---
MAP posted-by: Richard Lake