Self-Help Law:

CONFLICT BETWEEN STATE AND FEDERAL POT LAWS

Under our federalist system of government, the states, rather than
the federal government, are entrusted to exercise a general police
power for the benefit of their citizens. Due to this constitutional
division of authority between the federal government and the states,
the State of California may elect to decriminalize conduct, such as
medical marijuana activity, which remains illegal under federal law.
Even if law enforcement officers take a personal position on any
conflict between state and federal law, they are bound by
California's Constitution to uphold only state law.

The California Supreme Court stated in People v. Mower (2002) that
the State of California is responsible for enforcement of its own
marijuana laws, and not those of the federal government. Under
California medical marijuana law, patients and caregivers are exempt
from prosecution by the state regardless of federal law.

In People v. Tilehkooh (2003), the court found California courts
"long ago recognized that state courts do not enforce the federal
criminal statutes." The same court also stated "the federal criminal
law is cognizable as such only in the federal courts." In People v.
Kelly (1869), it was determined that "State tribunals have no power
to punish crimes against the laws of the United States as such. The
same act may, in some instances, be an offense against the laws of
both, and it is only an offense against the State laws that it can be
punished by the State, in any event."

More recently, California Attorney General Bill Lockyer provided some
clarification on the role and responsibility of the state in
upholding medical marijuana law. The state has assisted a patient in
a case where a superior court ruled against the patient, claiming
"[medical marijuana cultivation is] still illegal under federal law."

On appeal, Lockyer dismissed the entire federal law argument, stating
"the continuing prohibition of marijuana possession under federal
law" does not come into play. Instead, Lockyer "acknowledged both
generally and in the specific context of interpreting the
Compassionate Use Act it is not the province of state courts to
enforce federal laws."

In future columns, I will discuss California marijuana laws in more detail.