California Constitution Specifically Prohibits State Officials From Using Federal Laws
As An Excuse For Not Enforcing State Laws Like Prop 215 Without A Court Ruling.
Great Orange County Register Editorial.

(Marijuananews note: The Orange County Register has had many great editorials supporting medical marijuana.)

See
Kubby Letter Gets Prize From Orange County Register
and
Pending Amendments To Prop 215 Show the Danger Of Appeasing Narks
– Critique from The Orange County Register
November 8, 1999
From The Orange County Register
letters@link.freedom.com
http://www.ocregister.com/

LAYING DOWN (ON) THE LAW

Last Tuesday a group of medical marijuana activists led by Proposition 215 co-author and registered nurse Anna Boyce presented the Orange County Board of Supervisors a petition asking it to begin implementing the medical marijuana law California voters approved three years ago.

The supervisors greeted the petition with stony silence. Afterward, however, Assistant Sheriff George Jaramillo told reporters that the matter is "significantly more complicated than that." The problem, he said, is that Prop. 215 contradicts federal law.

Mr. Jaramillo told us on Friday that it isn't that potential conflict that's so important as the fact that there's no clear policy for the Sheriff's Department to follow. He is aware of the following, for example.

Article III, Section 3.5 of the California Constitution (adopted in 1978) states that "An administrative agency, including an administrative agency created by the Constitution or an initiative statute, has no power: ... (c) to declare a statute unenforceable, or to refuse to enforce a statute, on the basis that federal law or federal regulations prohibit the enforcement of such statute unless an appellate court has made a determination that the enforcement of such a statute is prohibited by federal law or federal regulations."

No appellate court has done so in regard to Prop. 215. In fact, no legal challenge has been filed seeking to invalidate the law on the basis of a conflict with federal laws or regulations - or for any reason.
See
Orange County Register Says The Federal Court
"has effectively invited California officials to craft guidelines
for the use of medical marijuana that will keep the federal government off their backs.
They should accept the invitation immediately."
This country has gone a long way in the last 70 years or so in the direction of completely centralized power, with the national government calling all the shots. But it hasn't gone all the way yet.