Drug Crimes, Substance Abuse medical marijuana & 36CFR2.35

[seledorian]

'I live and work in a national park in California. I have a doctors recommendation for medical marijuana, aka a 'porp 215' or just a '215'. I was reading the Code of Federal Regulations and found 36CFR2.35 interesting. It states that:

"(b) Controlled substances. The following are prohibited:"

"(2) The possession of a controlled substance, unless such substance
was obtained by the possessor directly, or pursuant to a valid
prescription or order, from a practitioner acting in the course of
professional practice or otherwise allowed by Federal or State law."

My interpretation of this is that medical marijuana is allowed in national parks that are within states that allow such medications.

Is this correct?
How valid or binding is the Code of Federal Regulations in the legal system?
Can this be used as a defense?

 

[bob91403]

Of corse not...

In California, possession should be defensible but, public use is still illegal :no:. A park system is about as public as you can get. You could make an argument for use in a tent or vehicle(don't be in the front seat, and make sure the keys aren't in the ignition ) that these are dwellings that deserve the same privacy as one's home. You still have to use some common sense. If you're hotboxing your tent in a campground full of kids you deserve to go to "I'M A STUPID DUMBASS" prison, when they build one . There is some ambiguity in the law, in that state law does allow it. But, Federal law trumps state law. I think it might come down to a jurisdictional issue. Federal land, federal employee. A state employee would not have the authority to contradict California law. It's hard to imagine a park ranger in California that would not listen to reason when it's explained that it is justified by a legitimate medical need. But, everyone knows about power and corruption :dgrin. A badge can make some people loose sight of their humanity. I know that I'd never do anything stupid enough to get caught in the first place. But, if something odd occurred, I'm sure I could make a human being understand, and help them find their compassion. If not, the jury sure would.