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2006 Calif AG – “NOT the province of state courts to enforce federal laws!”

In 2006, California Attorney General Bill Lockyer clarified the role and responsibility of the state in upholding medical marijuana law. In a case where ASA is assisting a patient in seeking the return of his unlawfully seized medicine, a Superior Court ruled against the patient, claiming that, "[medical marijuana cultivation is] still illegal under federal law." On appeal, Lockyer dismissed the entire federal law argument by stating that, "the continuing prohibition of marijuana possession under federal law" does not come into play. Instead, Lockyer "acknowledges that - both generally and in the specific context of interpreting the Compassionate Use Act - it is not the province of state courts to enforce federal laws." This statement is fully consistent with the declaration of the court of appeal in Garden Grove v. Superior Court (2007) that "it must be remembered it is not the job of the local police to enforce the federal drug laws as such."
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