Legal Question in Consumer Law in California

If federal law trumps state, then how is medical marijuana legal in California but still illegal federally


Asked on 12/03/13, 1:35 am

3 Answers from Attorneys

Armen Tashjian Law Offices of Armen M. Tashjian

It is one of those anomalies.

Read more
Answered on 12/03/13, 1:55 am
Kelvin Green The Law Office of Kelvin Green

The federal position is that it is illegal. The Feds could withhold funding or prosecute but they gave not done either yet...

Read more
Answered on 12/03/13, 1:57 am

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.

Read more
Answered on 12/03/13, 12:02 pm


Related Questions & Answers

More Consumer Law questions and answers in California