Medical Marijuana Laws in California
Recently California law enforcement officials have been cracking down on suspected illegal marijuana dispensaries throughout the state.
October 29, 2009 /24-7PressRelease/ -- Medical Marijuana Laws in California
Article provided by the Law Office of John R. Fielding, Jr. & Associates
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In 1996 California voters approved Prop 215 (the Compassionate Use Act) to allow medicinal use of marijuana for the seriously ill. There are now an estimated 300,000 to 400,000 medicinal users of marijuana in the state and more than 700 dispensaries supplying these patients with the drug.
Since marijuana became approved for medical use, both state and federal law enforcement officials have grappled with separating legitimate users and suppliers from illegal drug operations. In the past, the federal government took a hard-line against even legitimate dispensaries, arguing that California law violated federal law, which classifies marijuana as a Controlled I Substance with no "currently accepted medical use."
However, the US Attorney General under President Barack Obama, Eric Holder, has announced a shift in federal policy, stating that agents from the Drug Enforcement Agency (DEA) and other federal law enforcement agencies will no longer target legitimate medicinal marijuana dispensaries.
Despite the change in official federal policy, it still leaves the question of legitimacy open to debate. Recently there has been a crackdown on suspected illegal dispensaries throughout California, with the most recent one happening in San Diego. The San Diego bust resulted in 14 dispensaries being shut-down for operating "store-front" shops and more than 24 arrests for involvement in these alleged fraudulent medical marijuana schemes.
California Legal Requirements for Medicinal Marijuana
Who can possess the drug and how much?
California law provides strict restrictions regarding who may possess, buy, transport and cultivate marijuana for medical use. Mainly, this subject is governed by Prop 215 and the Medical Marijuana Program Act (MMPA), as well as the official guidelines released by the California Attorney General's office in 2008.
According to these laws, only qualified patients with a serious illness and a recommendation from a physician may use the drug. Given that physicians are prohibited by federal law from writing prescriptions for Controlled I Substances such as marijuana, California law permits doctors only to "recommend" its use to patients suffering from serious illnesses. This recommendation can be verbal or written, but it is in the patient's best interest to have written proof of the doctor's recommendation.
Qualified patients and their primary caregivers may buy, possess and transport the drug. To be a primary caregiver, an individual must be designated by a patient and have "consistently assumed responsibility for the housing, health or safety of the patient." The caregiver's primary role cannot be to supply the patient with marijuana. The caregiver must reside in the same county as the patient and may not be a caregiver to others living in a different county.
The law also dictates how much marijuana a patient or primary caregiver may have in his or her possession. Prop 215 stated that it may be an amount "reasonably related to their current medical needs." But under the MMPA, the amount was quantified to 8 ounces dried, 6 mature plants or 12 immature plants unless the doctor's recommendation specifically states the patient requires more to meet his or her medical needs.
In 2008, an appellate court invalidated the provisions under the MMPA that specified the amount of medical marijuana an individual may have in his or her possession. In People v Kelly, the appellate court held that the legislature cannot amend the provisions of a voter proposition without voter approval. The case currently is being considered by the California Supreme Court.
Who can cultivate medical marijuana?
To prevent illegal drug operations from using medical marijuana as a front for their activities, only certain groups may grow and provide the drug. California law states that patients and primary caregivers may "associate within the State of California in order collectively or cooperatively to cultivate marijuana for medical purposes." This has been interpreted to mean that only legally organized cooperatives (or "co-ops") or collectives can provide medical marijuana.
Further, neither of these organizations can sell the drug for a profit. They can, however, get "reimbursement" for the drug from members of the collective or co-op in an amount to cover operating and overhead expenses. Organizations turning a profit are one of the first indicators of an illegal operation.
Other rules that apply to medicinal marijuana co-ops and cooperatives include:
-They cannot sell the drug or buy the drug from non-members
-Only qualified patients and primary caregivers may be members
-Only qualified patients and primary caregivers may buy or grow the drug for the organization
-They must provide adequate security for their operation to prevent theft and other illegal activity
-They must collect and pay state taxes on the transactions
-They must register the co-op or collective with the state
-They must have a seller's permit
-They may have to have a business license, if required by the city or county where the organization is located
To ensure that members are qualified patients or caregivers, the organizations should verify that they have legitimate physician recommendations for marijuana. Additionally, organizations should require all members to sign an agreement not to distribute the drug to non-members or to use the drug for any other purposes besides medicinal treatment. The State Attorney General's guidelines also suggest co-ops and collectives maintain up-to-date business records with member information and keep track of the expiration dates on doctor recommendations.
Patients approved for medicinal use should consider applying for a MMP identification card from the state. The card can serve as official proof of sanctioned medical marijuana use and be shown to law enforcement officials who may question a patient's status as a medicinal user. If patients do not have a written doctor's recommendation with them or a MMP identification card and are found in possession of marijuana, the police may be able to arrest them on drug charges.
Conclusion
Those who deviate from the state's medicinal marijuana laws may be subject to arrest for violating California and/or federal drug laws. For more information on the medical marijuana laws in California or help defending criminal charges related to drug possession or operating a fraudulent dispensary, contact an experienced criminal defense attorney today.
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