Proposition 215 allows patients to cultivate their own marijuana simply because federal laws prevent the sale of marijuana, and a state initiative cannot overrule those laws.
The irony is that after Proposition 215 legalized it, medical marijuana ended up being sold to patients contrary to their own proposition and in violation of California law!
It is against California state law to sell marijuana for medical use, yet clinics and buyer's clubs and compassionate use centers and caregivers are all selling it. Where are the California cops?
As Scalia so presciently noted in his opinion in Raich, "Congress need not accept on faith that state law will be effective in maintaining a strict division between a lawful market for "medical" marijuana and the more general marijuana market."
No kidding.