Calif Med MJ Laws No Longer Conflict With Federal Law
Within the past year, we’ve seen several key developments that have further defined a clear legal distinction between state and federal laws regarding medical marijuana.
Now, according to US Attorney General Eric Holder, California Attorney General Jerry Brown, California Courts, and even the US Supreme Court which let stand the lower court decisions, there is no conflict between state and federal laws regarding the medical use of marijuana.
Here is how California AG, Jerry Brown explained it in his official “GUIDELINES FOR THE SECURITY AND NON-PERSION OF MARIJUANA GROWN FOR MEDICAL USE,” released in August of 2008:
“The incongruity between federal and state law has given rise to understandable confusion, but no legal conflict exists merely because state law and federal law treat marijuana differently. Indeed, California’s medical marijuana laws have been challenged unsuccessfully in court on the ground that they are preempted by the CSA. (County of San Diego v. San Diego NORML (July 31, 2008) — Cal.Rptr.3d —, 2008 WL 2930117.) Congress has provided that states are free to regulate in the area of controlled substances, including marijuana, provided that state law does not positively conflict with the CSA. (21 U.S.C. § 903.) Neither Proposition 215, nor the MMP, conflict with the CSA because, in adopting these laws, California did not “legalize” medical marijuana, but instead exercised the state’s reserved powers to not punish certain marijuana offenses under state law when a physician has recommended its use to treat a serious medical condition. (See City of Garden Grove v. Superior Court (Kha) (2007) 157 Cal.App.4th 355, 371-373, 381-382.)
It has taken over a decade for the courts to finally see things our way, but the bravery and determination of our patients, caregivers, providers, MCDs, activists, attorneys, doctors, nurses and financial supporters has brought us VICTORY!
Yes, there is still much to be done, and we can never rest until all the cannabis POWs are freed, but we are finally tasting a major victory and the time has come for us to celebrate.
March 31st, 2009 at 3:38 pm
The title of that pdf by CA AG Jerry Brown should contain the word “non-diversion”, not “non-persion”