CALIFORNIA POT LEGALIZATION WOULDN'T TRUMP FEDERAL LAW

Even if Californians vote next month to legalize marijuana, possession
of the drug will still be a criminal offense under federal law, which
trumps state law almost every time under the U.S. Constitution.

But crackdowns on users and small-scale growers could decrease if
Californians pass Proposition 19, the ballot measure proposing to
legalize marijuana for recreational purposes.

In a statement, a Justice Department spokesman said it was "premature
to speculate on what steps we would take" in the event California
passes the measure, but that it will continue "to focus its
enforcement resources on significant traffickers of illegal drugs,
including marijuana, in all states."

Legal experts say that while large-scale sellers might be of interest
to federal authorities, others are unlikely to be a priority.

"Is the government going to put hundreds more DEA agents in northern
California to go after cannabis growers?" asked Mark Kleiman, a
professor of public policy at the University of California, Los
Angeles. "It might, but if there's no state-level enforcement,
California would still be the safest place to grow pot."

The federal government could try to use federal tax law to crack down
on sale and distribution of marijuana. It might choose that avenue if
it decides the California ballot measure runs afoul of international
treaties signed by the U.S. that attempt to control the drug trade.
That isn't clear.

Another potential problem for federal officials: Legalization in
California might make marijuana more available throughout the country,
potentially undermining state laws elsewhere. That would put federal
authorities "in an incredibly tough spot," said Gerald Uelmen, a
professor of criminal law at Santa Clara University.