Even if Californians vote next month to legalize marijuana, possession of the drug will still be a criminal offense under federal law, which trumps state law almost every time under the U.S. Constitution.

But crackdowns on users and small-scale growers could decrease if Californians pass Proposition 19, the ballot measure proposing to legalize marijuana for recreational purposes.

In a statement, a Justice Department spokesman said it was “premature to speculate on what steps we would take” in the event California passes the measure, but that it will continue “to focus its enforcement resources on significant traffickers of illegal drugs, including marijuana, in all states.”

Legal experts say that while large-scale sellers might be of interest to federal authorities, others are unlikely to be a priority.

“Is the government going to put hundreds more DEA agents in northern California to go after cannabis growers?” asked Mark Kleiman, a professor of public policy at the University of California, Los Angeles. “It might, but if there’s no state-level enforcement, California would still be the safest place to grow pot.”

The federal government could try to use federal tax law to crack down on sale and distribution of marijuana. It might choose that avenue if it decides the California ballot measure runs afoul of international treaties signed by the U.S. that attempt to control the drug trade. That isn’t clear.

Another potential problem for federal officials: Legalization in California might make marijuana more available throughout the country, potentially undermining state laws elsewhere. That would put federal authorities “in an incredibly tough spot,” said Gerald Uelmen, a professor of criminal law at Santa Clara University.

Have you checked out YWN Radio yet? Click HERE to listen!

(Source: Wall Street Journal)