Legal Question in Criminal Law in California
Federal Laws Vs. State Laws-Criminal
A friend of mine operated a medical marijuana dispensory in accordance to all CA and local requirements and was operating his business in good standing with state and local entities, still, the DEA came and raided his business and soon after arrested him. I am trying to understand WHY the state of California (or any state) and the local governments aren't liable as well since they've given the green light for a citizen to do something that is illegal on a Federal level.
Any clarity on the subject would be appreciated because to me it just doesn't make sense that any state would pass a law that ultimately wasn't allowed at the Federal level when the Federal Government's power trumps that of the state.
My friend, who operated his business in Morro Bay CA is appealing his conviction because the Judge would not admit the bulk of his evidence in his Federal Court trial (among other things). I'm totally blown away at the injustice he is up against. Google for his website or contact me directly if you're interested and I'll give you the link.
More than anything with regard to this question is wanting to find out generally how things work when state laws and Fed. laws don't match up. Thank you.
2 Answers from Attorneys
Re: Federal Laws Vs. State Laws-Criminal
Yes, there seems to be a contradiction of course but that is how things work. The upside to this dual sovereign system (state v. federal government) is that the states are permitted to experiment, pass laws which contradict federal law and thus exert pressure on the federal law to change. Hopefully, because lots of states passed medical marijuana laws, this will result in a change on the federal level. Hope and pray that the right guy gets elected President and then that it will make a difference.
I am familiar with your friend's case as the attorneys trying it are personal friends of mine. I specialize in medical marijuana defense practice. Feel free to give me a call some time if you want to chat.
Jacek W. Lentz, Esq.
310.273.1361
www.lentzlawfirm.com
Re: Federal Laws Vs. State Laws-Criminal
All California did was to say that *it* wouldn't prosecute people like your friend. It never promised that the federal government would act the same way, so it isn't to blame for arrests like this.
When state laws and federal laws are in conflict, federal law controls. There is some wiggle room when the laws conflict only indirectly, and some medical marijuana defendants have fought their charges on these grounds. So far, all of them have lost.
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