75A - PH - MEDICAL MARIJUANA - PROHIBIT

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continues to be wholly illegal since it is classified as a Schedule I drug. As such, there are no exceptions to its illegality. The mere categorization of marijuana as "medical" by some states fails to carve out any legally recognized exception regarding the drug. Marijuana, in any form, is neither valid nor legal. C early the United States Supreme Court is the highest court in the land. Its decisions are final and binding upon ail lower courts. The court invoked the United States Supremacy Clause and the Commerce Clause in reaching its decision. The Supremacy Clause declares that all laws made in pursuance of the Constitution shall be the "supreme law of the land" and shall be legally superior to any conflicting provision of a state constitution or law. s The Commerce Clause states that "the Congress shall have power to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes."~ Gonzales v. Raich addressed the concerns of two California individuals growing and using marijuana under our state's medical marijuana statute. The court explained that under the Controlled Substances Act marijuana is a Schedule I drug and is strictly regulated. "Schedule I drugs are categorized as such because of their high potential for abuse, lack of any accepted medical use, and absence of any accepted safety for use in medically supervised treatment."K The court ruled that the Commerce Clause is applicable to California individuals growing and obtaining marijuana for their own personal, medical use. Under the Supremacy Clause, the federal .regulation of marijuana, pursuant to the Commerce Clause, supersedes any state's regulation, including Californ.ia's. Th.e court found that the California statutes did not provide any federal defense if a person is brought into federal. court for cultivating or possessing marijuana. Accordingly, there is no federal exception for the growth, cultivation, use or possession of marijuana and all such activity remains illegal.9 California's Compassionate Use Act of 1996 and Medical Marijuana Program Act of 2004 do not create an exception to this federal law. Al.l marijuana activity i absolutely illegal and subject to federal regulation and prosecution. California Law On November 5, 199b, California voters adopted Proposition 215, an initiative statute authorizing the medical. use of ma~~ijuana. "' The initiative added Health and Safety code section 1.1362.5 which allows "seriously i.11 Californians the right to obtain and use marijuana for medical purposes where that medical use is deemed appropriate and has been recommended by a physician ...."1' The codified section is known as the Compassionate Use Act of :1996.'z Additionally, the state legislature passed Senate Bill. 420 in 2003; i.t became the Medical Marijuana Program Act and took effect on January 1, 2004.13 This act expanded the definitions of "patient" and "primary caregiversl~ and created guidelines for identification cards.15 It defined the amount of marijuana that "patients" and "primary caregivers" can possess.' It also created a Iimi.ted affirmative defense to criminal prosecution far qualifying individuals that collectively gather to cultivate medical marijuana.l~ Despite their illegality, the medical marijuana laws in California are specific. The statutes craft narrow affirmative defenses for particular individuals with respect to enumerated marijuana activity. All conduct, and people engaging in it, that falls outside 75A-66