I am not saying that there won't be issues on the federal level, all this does is clears state officials from the burden of pursuit and enforcement. I am aware of Colorado's decriminalization, and it is also the same in other states AK notably. The fed. allows states to police their own states.
ASA*:*Federal Marijuana LawUnder our federalist system of government, the states, rather than the federal government, are entrusted to exercise a general police power for the benefit of their citizens. Due to this constitutional division of authority between the federal government and the states, the State of California may elect to decriminalize conduct, such as medical marijuana activity, which remains illegal under federal law.
this will be the same if this bill gets passed.Under California's medical marijuana laws, patients and caregivers are exempt from prosecution by the State of California, notwithstanding contrary federal law.
States are still allowed to enact their own laws on matters into their own legislation independant of Federal law. Will it still be illegal to use marijuana in California? yes. Will California do anything about it?? aside form collecting $50/ OZ. from the cultivators, no.In People v. Kelly (1869), it was determined that "State tribunals have no power to punish crimes against the laws of the United States as such. The same act may, in some instances, be an offense against the laws of both, and it is only an offense against the State laws that it can be punished by the State, in any event."
Will the Fed be up in arms?? yes
Will they be able to anything about Californias right to put its own laws on its own books? no
Will California courts be bound to uphold Federal laws?? unless a 140 year old ruling is suddenly overturned, NO, just the state laws as is should be the case.