Legal question: How is a state law that conflicts with a federal law resolved (medical marijauna use in CA)?
952572
GREAT QUESTION !!!  I may not have your answer, but I think I can point you in the right direction.\n\nWhere a STATE STATUTE is in place, it SUPERSEDES a LOCAL ORDINANCE, and so on up the line, if there is a FEDERAL LAW in conflict with a STATE STATUTE, the FEDERAL LAW then SUPERSEDES the statute.\n\nWhat are "Federal" Marijuana Laws?\nFederal marijuana laws are the laws that the federal government enacts to criminalize marijuana possession, sale, and cultivation.  Each U.S. state also passes their own marijuana laws, but when these laws are in conflict with the federal rules, the federal rules control.  Traditionally drug crimes are prosecuted at the state level.  But because some states have decriminalized marijuana crimes (such as for medicinal purposes), federal prosecutions for marijuana possession/sale/cultivation are becoming more common.  \n\nThe distinction is important, because while many states have rather lax laws concerning marijuana use, the Federal Government has some extremely strict penalties, some of which involve decades of jail time. \n\nBut I am Licensed By My State to Grow Marijuana for Medicinal Purposes...\nBecause the Federal Government does not recognize the legality of "medical marijuana," if you are prosecuted under federal law you will not be able to use any defense involving it.  This means that even if your state has explicitly authorized you to grow marijuana, federal agents can still arrest you and you can be sentenced according to the guidelines above (and indeed this has happened).  So if you grow marijuana legally in your state, you should contact a criminal lawyer about your rights, even if you haven't been arrested.  An experienced criminal attorney will be able to explain all the risks in greater detail, as well as the complex interaction of federal and state laws in this issue.\n\n\nHere is a site that will explain all that and deals directly with the MJ issues.
628840
As I understand the basics of the legal arguments here, its about freedom of choice.....an interesting concept, when the federal government spends millions of dollars every year to treat self-induced cancer.\n\nI feel about this one the same way I feel about helmet laws.  If you want to smoke or not wear a helmet while riding a motorcycle, fine.  But sign a waiver saying you won't take a dime from taxpayers to treat the result of your foolish decisions.
898074
Same situation as in California.  Its legal to prescribe it, but its illegal to have it.  Its the federal law that stopping progress, the state levels are changing their view of it.  It just leaves wide open how much federal government is actually affecting the state.
929635
well a cop once told me they needed drug laws so they can hasve reasonable excuse to bust in \nseems like with terror legislation nowwe can afford to relax on those choosing to self medicate with a plant the war has made equal to the price of gold ,a weed that costs nothing to grow yourself\na politition told me once that paper money is made from hemp fibre ,so the law  is so people cant make thier own money ,i just had to laugh but he was serious ,but we have plastic money and they dont make that plastic from hermp but petrol ,time to ban petro chemical? yea right\na lawyer once told me 20 out of 12 plead guilty and apparently dopers keep the prison ers quiete so that wioont change ,we have legal aid here the average volenteer lawyer on duty makes 300 ,per guilty plea on a good day of comunity service he makes 6000 ,the govt makes 18,000 ,so what those 2/3 rds of lawyers going to do for money ,lawyers wont help ,drug laws all they know ,\ndrug law works by precident ,ie a higher court ruled it thus its now law ,the preceedents have been made on all grounds of apeal a long time ago ,that deems a plant a drug ,despite it clearly beingf a compound of chemicals 1600 plus a single drug thc ,\nthe precedent has deemed a plant ,ie legally a fungable despite clearly being whilst attatched to the ground thus part of the land ie a fixture , thus only allowed to be made a fungable by the tennents permission\nthe farce goes on and on the injustice rolls on we had a drug war to demonise drug use brought aboput because petro chemical users wanted to bankrupt and take over the hemp fibre and oil marketts ,it used the fbi and hoover ,via the hurst chain to make dupoint brothers rich enough to make the nuclear bomd ,to allow the murder of our planit ans eventuall sponser and paymasyer of those oil rich shieks who buy our weopons of mutual destraction\nso good luck ,it will never happen.
750490
This is the real hippa law. Also contact your states health dept for thier laws. Each state goes by the federal and they can have thier own that can be tougher than the federal law. \n\nIt may depend on how your state sees massage therapist and how it licenses them. That can be found out by the state govt as well. \n\nOverview\nOverview; The HIPAA Law and Related Information; Rule Making Process (creating and publishing regulations ... Centers for Medicare & Medicaid Services, 7500 Security Boulevard Baltimore, MD 21244\n\nwww.cms.hhs.gov/HIPAAGenInfo · Cached page \nHHS - Office for Civil Rights - HIPAA\nWhat is the Privacy Rule and why has HHS issued regulations? [ PDF - 45KB] Privacy Rule Summary [ PDF ... Centers for Medicare and Medicaid Services (CMS) National Committee on Vital and Health Statistics ... \n\nwww.hhs.gov/ocr/hipaa · Cached page
624042
No idea.  But most run of the mill drug offenses can be prosecuted federally--esp with manufactured drugs like LSD--something crossed state lines somewhere.  So you need to check federal, state and municipal laws.  Manufacture and sale are two separate crimes, as well.  Prison time/fine is going to vary based on the amount involved.  If it's a lot, the individual might also have committed a distribution offense.
104221
Good Lord.  And this is what our public schools are putting out.\n\nLet me try to answer some of this but you're going to have to fix your question because some of it is truly impossible to understand with the way you have written it.\n\nIf you're asking why the FDA has the right to arrest you in your residence, you're humorously mistaken.  The FDA does not have the authority to arrest anyone, period. \n\nThen you start talking about Prop. 215 which, for those who don't live here, is the Compassionate Use of Marijuana Act (the legislation that made marijuana legal for medical purposes).  \n\nSo I'm thinking you want to know why the FDA can arrest you in your residence if you are a medical marijuana user.  And the answer, of course, is that they can't.  \n\nThen you're asking about raids on cannabis clubs, and frankly, because of your extremely poor writing skills, I'm just not sure what it is you want to know about raids on clubs.  Please tell me you're still in grade school because if you're any older than six, you really need to get some help with your abilities to communicate in writing.
874371
All states, some counties, and the Federal government have standards for what is a cancer-causing level of a particular chemical.\n\nA California law known as "Prop 65" requires that any product sold in the state or manufactured or even imported THROUGH the state be labeled if the state deems it to contain cancer causing chemicals.\n\nSince California is a major port, industrial state, and has the largest population (over 10 per cent of the US total), most manufacturers find it more cost effective to print the required Prop. 65 warning on ALL products rather than risk a lawsuit.
41402
You have to make your question clearer so we no what your talking about.\n\nThe laws of one State must be recognized by the other States.
797756
Not comletely legal...and even if it were federal law over rides states...haven't you seen the med marijauna in CA??\n\nIt's not now...but we are still working on it...\n\nThe government can't keep the lie up much longer...people know that marijuana is not nearly as harmful as they try making it out to be.\n\nI am more concerned with my son trying harder drugs than pot...in fact I would be more angry if he come home drunk than if he come home high....but I would still be pi**ed!
1114056
Xae answer is correct\n\nFederal\n\nyou have to apply at the State level then have it petitioned for all US states depending on your business need its not hard\nSource(s):\n\nprivate investigations\nalso other states do not honor state law's\nfor instance in Colorado I had to carry my weapon in a locked box where as in california I have a permit to conceal and carry.\n\nI even have buddies that are cops that have the same problems.
1116397
The federal government is all about making money. If they could control the potency of marijuana, they would tax the crap out of it like cigarettes and legalize it. The problem lies in the regulation of the strains of marijuana. Personally, I am tired of my tax dollars paying for pot-heads in prison.
159986
I live in California and there are many "clubs" around here for the medical/medicinal marijuana users to purchase.  There are also co-op growers who have a state issued lisence to grow and/or distribute to the clubs.  This is not to say that marijuana is legal here, just that there are ways to get around it.  Get your card.
129375
Go to www.streetdrugs.org if you want info on pot itself,\nas far as "getting some" thats' something that could take a while depending on if you know someone who uses it!!\n\nI'm an M.S. patient and legally in Md I can own 30 grams (1oz)for the symptoms that are horrible with multiple sclerosis, BUT this type of use falls under MEDICAL only, as I have the proof pot can possibally benefit my other MS \nmeds.... and this MUST BE DOCUMENTED BY A LEGITIMATE DR IN YOUR MEDICAL RECORDS....\nas of yet I have not done this, but I certainly can since here in my states LIMITED amounts are legal without prosecution for medical use ONLY.\nI am going to try my best to obtain some safe marijuania that I know is "clean" and is not tampered with other drugs
430036
Federal Law supercedes state law if they conflict.  However states can create and pass additional laws as long as the are not in violation with our constitutional rights.  That is why different states have different variations of the same basic law.
795165
If it is legalized, then jobs would not be able to test for it as it would be against the person's constitutional rights. If someone was using it medicinal reasons (If the Government ever legalizes it) they would have to have proof from their doctor.
139534
Depends on many things, especially on the state law covering the possession.\n\nOften, the amounts (grams versus pounds versus kilos versus truckloads versus cargo ships) make the difference.\n\nDistribution makes a difference....to include otherwise small amounts given to minors.\n\nType of drug matters; in parts of California, it's getting almost impossible to get someone convicted of felony marijuana crimes.\n\nThere are too many unknowns in your question to be able to definitively answer it.