Ignored By Media: CA. State Rules To Follow State--Not Federal Laws

Ignored By Media: CA. State Rules To Follow State–Not Federal Laws

Ignored by the media, the long awaited state ruling has finally come to an end!

Good news for California, and the marijuana community. The California Supreme Court has ruled that California is to follow STATE laws and not Federal Laws. This applies to any events or situations in California regarding federal and state law conflict. ( on short, California medical marijuana patients can defend their use and cultivation of marijuana with the defense of the state. Also Medical marijuana dispensaries now can open and operate without any city hassles!)

Although Marijuana is illegal according to the federal laws, California passed Prop 215 in 1996, California law enforcement has claimed that they could not comply with the state’s medical cannabis laws because they conflicted with federal law, and would take the right action to follow federal law. Regardless of state exceptions of medical marijuana police would still arrest patients, even though the state constitution explicitly says in Article , Section 3.5 (adopted in 1978) that:

“An administrative agency, including an administrative agency created by the Constitution or an initiative statute, has no power: … (c) to declare a statute unenforceable, or to refuse to enforce a statute, on the basis that federal law or federal regulations prohibit the enforcement of such statute unless an appellate court has made a determination that the enforcement of such a statute is prohibited by federal law or federal regulations.”

Finally this big conflict between federal and state laws has ended. California has set to follow the Constitution to obey and enforce state laws, not federal. Many cities and towns in California have had many problems to open and operate a medical marijuana coop’s due to this conflict between federal and state laws, this will not be an issue anymore. This actually will help California dispensaries defend their Co-op from federal raids. Also, medical marijuana patients will be able to defend their cultivation and use of marijuana safely and with the defense of the state courts! Hopefully this is a step forward in protecting medical marijuana in the United States.

A full article and explanation of this case can be found Here