[pct-l] smoking on the trail

[Taylor Matheson]

You are correct. But with state laws that makes it legal without fear of criminal liability the only way to be prosecuted for legal use of medical marijuana is for the state prosecutor to take it to the supreme court. For this to happen the prosecutor would have to go through Local trial courts, State Appeals Court, then the individual states highest Court of Appeals, only then it can be presented to the supreme court. Even then the federal government does not see it as an efficient use of federal resources to pursue individual users who have a legal prescription for medical marijuana. This along with the many cases dismissed both on state and federal levels make it nearly impossible to be prosecuted. Thereby making it  basically an unpublishable  offense. 

Reference:
http://m.whitehouse.gov/ondcp/federal-laws-pertaining-to-marijuana
 Department of Justice Guidelines:
The Department of Justice (DOJ) issued guidance for Federal prosecutors in states that have enacted laws authorizing the medical use of marijuana under state law.  The guidelines explain that it is likely not an efficient use of federal resources to focus enforcement efforts on individuals with serious illnesses who use marijuana as part of a recommended treatment regimen consistent with applicable state law or their individual non-commercial caregiver.  However, persons who are in the business of cultivating, selling, or distributing marijuana, and those who knowingly facilitate such activities, are in violation of Federal law, and are subject to Federal enforcement action, including potential prosecution.  

http://www.leginfo.ca.gov/pub/03-04/bill/sen/sb_0401-0450/sb_420_bill_20031012_chaptered.html
S.B. 420- the compassionate use act of 1996,section 1 states:
On November, 6 1996 the people of the state of California enacted the compassionate use act of 1996 (hereafter the act), 
codified in section 11362.5 of the health and safety code in order to allow seriously ill residents of the state, who have the
oral or written approval or recommendation of a physician, to use marijuana for medical purposes without fear of criminal 
liability under sections 11357 and 11358 of the healthy and safety code.

I have not included references to Oregon and Washington laws on this subject since most state laws are
Drafted using California's laws as the base. Oh and in Washington you don't even need a prescription anymore. 

On Mar 13, 2013, at 10:12, Ron <chiefcowboy at verizon.net> wrote:

> Federal laws apply everywhere not just on federal land.
> Sent from my Verizon Wireless Smartphone