Using medically perscribed Marijuana? Legal in State but how do the Feds deal with this?

Question

A friend of mine is legally able to purchase smoking Marij. for his cancer ridden and dieing father. There is a Doc's scrip for purchasing this to aleviate nausea.

In another case, a woman who has a legal scrip. for Marijuana for the same symptoms due to cancer and Rx use causing nausea, is radically hassaled whenever she leaves the country as somehow this legal use has entered her Fed "files" and they harrass her, apparently for hours each time she attempts to re enter the USA.

My question is: Is this standard practise by the Fed government AGAINST States allowing legal use of this drug, or is there some mystery//reason about this haranged woman that seems to be mistreatment by the Feds?

Is a person legally "safe" to take and use Marijuana if it is allowed in their US location, prescribed by a Doc and can they be mistreated, held up without good cause when entering or leaving the country?

Answer 1

The Feds do not recognise medical MJ and you can be arrested for possession of it (even in your State). Just like employment, if you fail a drug test due to your prescription MJ, you get fired due to Federal Laws.

Answer 2

the law only protects them in that particular state.  if they must use the mj, they need to stick around. or manage without it when they are not going to be there. simple. as far as the harrassment or "red flagging" goes when she travels- she may have a case if she has been stopped and found to be clean in every instance. but she's on record as a user.

Answer 3

Technicaly the CA, or any other state's, law permiting the use of Marijuana for medical reasons is illegal. There is a concept in the law called Preemption. This means that there is a hiarcy where one groups laws can override anothers. In this case a Federal law will preempt any State law that contradicts it. Now since Marijuana is expressly prohibited by Federal statute, any State law permiting it's use is null  void.

Because of this a person, even if they have a prescription for it, can be arrested for possession despite it being "legal" in that state.

See for more-

http://en.wikipedia.org/wiki/Preemption_...

"In the legal system of the United States, preemption generally refers to the displacing effect that federal law will have on a conflicting or inconsistent state law. The Supremacy Clause (Article VI, section 2) of the United States Constitution states that The Laws of the United States, (which shall be made in Pursuance to the Constitution), shall be the supreme Law of the land. Thus, when there is a conflict between a state law and federal law, the federal law (subject to the Tenth Amendment and Fifth Amendment and other Constitutional Law) trumps – or "preempts" – the state law, according to this theory."

- David