California Clarifies Medical Marijuana Laws

It is sometimes asserted that California is the most liberal state in America. Home to Hollywood, beach cities, and a health-conscious population that sometimes verges on the fanatical, it was no surprise that voters in California approved the possession and cultivation of marijuana for certain medical patients and their primary caregivers in 1996 via Proposition 215. But since that time, there has been no shortage of controversy over the subject, not to mention ambiguity over the legality and enforcement of the initiative.

After the 1996 initiative was passed by California voters, the state legislature followed up in 2003 with additional legislation to publish guidelines for clarification purposes. Those rules included assurances that the marijuana grown for medical purposes does not find its way to non-patients, and they gave specifics as to the cultivation, transportation, possession, and use of marijuana so that the law was clearer for all involved.

Nevertheless, some law enforcement and other governmental agencies continue to find confusion in the law, as evidenced by a recent court battle between San Diego and San Bernardino counties and the state of California. Those two counties argued that issuing government-sponsored ID cards to patients allowed to benefit from marijuana was illegal, considering marijuana has not been federally approved for such usage. However, the California state appeals court has upheld the law and required that those counties issue the identification cards per state law requirements.

Finally, California's Attorney General Jerry Brown stepped in to provide what will hopefully be some further clarifications to the law. The 11-page document entitled "Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use" was issued to help patients as well as law enforcement. Specifically, the document addressed the law—the Medical Marijuana Program Act (MMP)—that requires the California Department of Public Health to maintain a program for the voluntary registration of qualified patients and their primary caregivers through a statewide ID card system. All counties in the state must provide and process applications to individuals seeking participation in the program, and issue ID cards to approved parties.

The Attorney General also felt the need to clarify physician requirements regarding their participation in the process. With the oversight of the Medical Board of California, physicians must comply with accepted medical standards or face the Medical Board for disciplinary action. Those standards include a thorough history and examination of the patient, an objective-based treatment plan, consideration of side effects, review of the efficiency of the treatment, patient consultations, and detailed records of the entire process.

Most importantly, the directive addressed the differences between federal and state laws regarding marijuana. Congress has dictated that states are free to regulate controlled substances, and since California has not legalized medical marijuana but chosen not to punish such offenses when deemed medically necessary, that state law stands. The directive stated, "this Office recommends that state and local law enforcement officers not arrest individuals or seize marijuana under federal law when the officer determines from the facts available that the cultivation, possession, or transportation is permitted under California's medical marijuana laws."

Dispensers that grow said marijuana are encouraged to register under California's Food and Agricultural Code, as that will provide legal protection. However, those running unregistered dispensaries for profit may be arrested and prosecuted by local authorities. The directive provided more specific guidelines that will help legal marijuana growers feel protected while allowing law enforcement to seek out those using the law as a front for an illegal marijuana business.

Attorney General Brown spoke about the new guidelines in a recent interview with the Los Angeles Times. "Hopefully the feds will back off in instances where people are already following these guidelines... Clearly, there have been abuses, places that served as big fronts for illegal drug dealing. This will help get criminals out of medical marijuana."

It is estimated that 200,000 patients currently utilize the California law to grow and/or use marijuana in the course of treatment for serious diseases like cancer and AIDS. Organizations supporting the rights of these patients are said to be pleased with Brown's directive, as are many law enforcement officers. The ID cards will be the most helpful for law enforcement agencies and more solid protection for patients, some of whom live in fear of being arrested or having their homes raided.