Legal Question in Consumer Law in California
If federal law trumps state, then how is medical marijuana legal in California but still illegal federally
3 Answers from Attorneys
It is one of those anomalies.
The federal position is that it is illegal. The Feds could withhold funding or prosecute but they gave not done either yet...
It is not legal in California, as would become immediately clear if any law enforcement agency chose to prosecute anyone under the federal laws. And even under California law, use, possession and distribution outside the Medical Marijuana law is still illegal. The only difference between California and other states is that law enforcement agencies have no law they can charge people under in the state Penal Code if they comply with the Medical Marijuana laws. They would have to charge under federal law, or find evidence of use, possession or distribution outside the protections of the Medical Marijuana laws. That is FAR different from being legal.
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