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CONCLUSIONS <br />In light of the United States Supreme Court's decision and reasoning in Gonzales v. Raich, <br />the United States Supremacy Clause renders California's Compassionate Use Act of 1996 <br />and Medical Marijuana Program Act of 2004 suspect. No state has the power to grant its <br />citizens the right to violate federal law. People have been, and continue to be, federally <br />prosecuted for marijuana crimes. The authors of this White Paper conclude that medical <br />marijuana is not legal under federal law, despite the current California scheme, and wait for <br />the United States Supreme Court to ultimately rule on this issue. <br />Furthermore, storefront marijuana businesses are prey for criminals and create easily <br />identifiable victims. The people growing marijuana are employing illegal means to protect <br />their valuable cash crops. Many distributing marijuana are hardened criminals. 103 Several <br />are members of stepped criminal street gangs and recognized organized crime syndicates, <br />while others distributing marijuana to the businesses are perfect targets for thieves and <br />robbers. They are being assaulted, robbed, and murdered. Those buying and using medical <br />marijuana are also being victimized. Additionally, illegal so-called "medical marijuana <br />dispensaries" have the potential for creating liability issues for counties and cities. All <br />marijuana dispensaries should generally be considered illegal and should not be permitted to <br />exist and engage in business within a county's or city's borders. Their presence poses a clear <br />violation of federal and state law; they invite more crime; and they compromise the health <br />and welfare of law-abiding citizens. <br />© 2009 California Police Chiefs Assn. 40 All Rights Reserved <br />65A-101