Pubdate: Sat, 24 Jul 1999
Date: 07/24/1999
Source: San Jose Mercury News (CA)
Author: Richard M. Evans

To the Editor:

In your editorial of July 19, "Insulting Veto," you refer repeatedly
to a "conflict" between federal and state law arising out of the
passage of Prop. 215, the medical marijuana initiative, by the voters
in 1996.

There is no "conflict," and it is wrong, I think, to perpetuate that
idea.

Suppose the issue were taxes. If California were to repeal its state
income tax, would you say that created a "conflict" with federal law?
Of course not. The feds could still enforce federal tax laws, as they
can now still enforce federal drug laws.

Nothing says that a state must outlaw all conduct that the feds do.
Indeed, the very notion turns federalism on its head.

"Conflict" is what federal officials call it, who struggle to justify
the arrest and prosecution of medical marijuana patients under federal
law. Please don't buy into their rhetoric.

Richard M. Evans Attorney at Law 56 Main Street Northampton, Mass.
01060