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Proposition 19: What will it actually do?

Question for you federal conflict preemption buffs out there: If Proposition 19 passes, will the Controlled Substances Act preempt it?

I have seen in a number of places people arguing that Proposition 19 removes some state-side enforcement concerning Marijuana, and as such does not conflict with federal law since the States do not need to have laws which enforce federal crimes (e.g. piracy). My question is: What about the fact that Proposition 19 affirmatively says that someone can possess up to one ounce of Marijuana, and federal law says someone cannot possess Marijuana. Is there a distinction between passing an act which says someone can do something versus abolishing an act which says they cannot do something?

My initial reaction is that Federal Law would preempt Proposition 19, and even if it did not, federal enforcement of Marijuana related matters would increase substantially. That would mean the salutary neglect that the Obama administration has shown California's medical marijuana dispensaries may come to an end. But as I said, that is my initial reaction, and I would love to hear from someone who has studied the relevant issues.

Full post as published by Nuts & Boalts on October 28, 2010 (boomark / email).