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To: TKDietz
The Counties of San Diego and San Bernardino disagree. They are refusing to implement Proposition 215 since it violates the Supremacy Clause and filed a lawsuit earlier this year to that effect. It states (in part):

"Contrary to federal law and an international treaty, California has enacted laws declaring that certain persons have a right to use marijuana for medical purposes and has authorized those individuals to use, possess, distribute and cultivate marijuana without criminal sanction."

"The County brings this lawsuit because it believes California's medical marijuana laws are preempted under the Supremacy Clause of the United States Constitution (Article VI) because they conflict with a federal statute (the Controlled Substances Act) and an international treaty (the Single Convention on Narcotic Drugs). Thus, the Country believes that it should not be required to implement California's preempted and therefore void medical marijuana laws."

Perhaps you can point out the differences to me between the U.S. Supreme Court's decisions in Brown v. Board of Ed. and Gonzales v. Raich and why the states had to comply with one (under threat with armed federal troops) but not the other.

77 posted on 08/18/2006 12:51:21 PM PDT by robertpaulsen
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To: robertpaulsen
Let the feds send in the troops. I don't think it is illegal for a state to change its laws such that instead of saying it is unlawful under state law for anyone to possess marijuana, the law says it is unlawful for anyone under 21 to possess marijuana. When they start setting up distribution networks and that sort of thing they are running the risk of federal intervention. Will the feds really send the troops in? I doubt it. They'll send the DEA in to make a few high profile busts for federal drug crimes and that's about it. Will these California counties win their lawsuits? I don't know and I don't really care.
82 posted on 08/18/2006 1:31:56 PM PDT by TKDietz
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