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What it really boils down to, as with all laws, is what the cop-on-the-street is instructed to enforce.


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Actually what it boils down to (and where things get interesting on a larger scale) is the constitutionality questions that get raised. Does the state have authority to supercede the city and in the Cali cases, do the feds? Fun for the whole family there....

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Federal law trumps, assuming it is constitutional etc.... State laws can override city laws. Colorado has a bizarre system though regarding what they call "home rule" cities. Some cities can pass laws that trump state laws sometimes. Denver has used the argument to deny citizens their gun rights. Other times state law prevails. But in this case the state law still stands, so people could be charged I would think. The colorado vs. denver issue may not be typical or illustrative for other places because of some quirks in colorado law.

(usual disclaimer - this is not legal advice in colorado or elsewhere etc...)