In 1996, California voters passed landmark legislation allowing marijuana to be used for medical purposes. Since then, additional resolutions and court precedents have been cultivating the medical marijuana industry into what it is today. Naturally, a great deal of law enforcement and elected officials are resistant to the cultural and political changes that the medical marijuana movement has brought on. Nevertheless, the spark of the movement has only begun to blaze.
Here are the basics you need to know.
Vocabulary
collective – a non-profit entity recognized by the state of California. The state acknowledges the demands on an individual’s time and money that goes along with cultivation. That’s why the state allows collectives to form as private and exclusive organizations, which can only consist of qualified patients and primary caregivers. In other words, a collective is a group of patients and caregivers who collectively pool their resources together to obtain and provide medical marijuana amongst themselves.
cooperative – a concept that takes its roots from agricultural cooperatives (which has been featured on Causecast before http://bit.ly/4xFzR). Like a collective, it’s also a private non-profit entity that allows qualified patients to aggregate their resources, but this strain of organization is modified to focus on providing for members who produce and cultivate medical marijuana.
dispensary – a storefront operation that typically functions on a for-profit basis and opens its doors to the general public. Dispensaries are NOT recognized by the state of California and are NOT protected by the provisions of Prop 215, SB 420, and the Attorney General Guidelines.
patients' rights – the rights accorded to qualified patients, which includes exemption from criminal prosecution, a voluntary statewide ID card program, and an allotment of marijuana that can be possessed and/or cultivated for personal use (8 oz dried; 6 mature plants or 12 immature plants).
primary caregiver – an individual that “has consistently assumed responsibility for the housing, health, or safety” of a patient. A primary caregiver can cultivate and maintain medicine for a patient and receive compensation for their services.
qualified patient – “a person whose physician has recommended the use of marijuana to treat a serious illness, including cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for which marijuana provides relief.”
recommending physician – a physician licensed to practice in California and in good standing. Note that physicians can “recommend” use of medical marijuana but not “prescribe” it because the U.S. Food and Drug Administration regulates medications that are issued by prescription. Cultivators of medical marijuana are not certified by the FDA.
Legislation
Proposition 215 – The initiative that started it all. Prop 215—The Compassionate Use Act of 1996—ensures that qualified patients, their primary caregivers, and recommending physicians are not subject to criminal prosecution for obtaining, using, or recommending marijuana for medical purposes. Please note that exemption from criminal prosecution does not equate to legalization of marijuana.
Senate Bill 420 – Yes, that's actually what it's called. SB 420 was enacted in 2003 to clarify the scope of its predecessor. Most notably, it introduced a voluntary statewide ID card system meant to enhance patients’ access to medicine, help law enforcement identify patients, and require every county health department to provide and process this service.
Attorney General Jerry Brown's Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use. – Phew! That name’s a bowl full, isn’t it? Drafted in 2008, these guidelines fulfill a statue of SB 420 that requires the Attorney General to adopt guidelines ensuring that medical marijuana is not used for non-medical purposes. These guidelines set forth the definitions listed above and help patients understand how to properly “cultivate, transport, possess, and use medical marijuana.”
Noteworthy events
Los Angeles dispensary moratorium
For nearly two years, the City of Los Angeles has been butting heads with medical marijuana dispensaries as far north as the Valley all the way down to San Pedro over Interim Control Ordinance (ICO) #179027. The City issued the ICO to put a moratorium on all new dispensaries while they figure out how exactly such places are supposed to be regulated. However, the ICO did little to stop anyone thanks to the loophole of a hardship exemption. Dispensaries claiming a hardship could not be shut down before being heard by the City. Los Angeles removed the exemption on June 24, 2009, but not before over 600 dispensaries opened their doors.
County of San Diego v. San Diego NORML
The County of San Diego refused to participate in the statewide ID card system on the basis that marijuana constitutes a federal crime. The San Diego arm of the National Organization for the Reform of Marijuana Laws (NORML) sued the County on behalf of San Diego’s qualified patients. Through and through, the courts have ruled in favor of the patients, essentially saying that a County must following the directives of the State. The pinnacle of this case was reached when the County brought it before the U.S. Supreme Court and the U.S. Supreme Court refused to hear it. San Diego finally began issuing ID cards in July 2009.
Oakland tax increase
In a rare instance where people are actually embracing a tax hike, 80% of Oakland voters said yes on Measure F and welcomed a tax increase on its medical marijuana dispensaries. The increase is estimated to bring in an additional $300,000 to Oakland. It may not be much in the big scheme of things, but with our pressing economic times and California in a budget crisis, any help is welcome.
Now that you have the context, take a glimpse into the world of California's medical marijuana industry via New Yorker article “Dr. Kush” http://www.newyorker.com/reporting/2008/07/28/080728fa_fact_samuels
Medical marijuana law is new and therefore constantly evolving. To stay up to date on the latest legislation, bookmark and follow on Twitter below:
National Organization for the Reform of Marijuana Laws
http://www.norml.org/
@NORML
Americans for Safe Access
http://www.safeaccessnow.org/
@SafeAccess
Marijuana Policy Project
http://www.mpp.org/
@Marijuana Policy
Proposition 215 Attorney
http://www.prop215attorney.com/
@Prop215Atty
*Disclaimer – I am not an attorney and this information in no way constitutes legal advice. For proper counsel, please refer to an attorney regarding your legal matters. Many qualified attorneys who specialize in medical marijuana law can be found using the links above.
Related causes: Community, Health
Tags: medical, marijuana, c60
