It has been quite an eventful summer for medical marijuana policy in
California! There are three recent statewide developments that should
be of interest to medical marijuana patients and advocates:
California patients win major legal victory
California's compassionate medical marijuana laws recently received
major vindication in the courts. In the case County of San Diego v.
San Diego NORML, et al, San Diego County -- along with San
Bernardino County -- sued the state in an attempt to overturn
most of the provisions of the state's medical marijuana laws. Both
counties refused to comply with state law by issuing ID cards to
qualifying patients and caregivers and asserted that doing so would
violate federal drug laws, which ban all marijuana use.
The California Attorney General's Office argued that for counties to
issue ID cards to medical marijuana patients is not a violation of any
federal law and that failure to do so would amount to a violation of
state law. Patient advocacy group Americans for Safe Access, the
American Civil Liberties Union, and the Drug Policy Alliance all
intervened in the case on behalf of patients.
After the trial court ruled against the county and upheld the state's
medical marijuana laws, the county appealed to the Fourth District
Court of Appeals. On July 31, 2008, the appeals court unanimously
upheld the lower court's decision that federal law does not preempt
the ID card program. It ruled that the counties did not have legal
standing to challenge the other aspects of the state's medical
marijuana laws.
Both counties have decided to seek an appeal in the state Supreme
Court.
The state ID cards are voluntary for patients and caregivers but prove
very helpful during law enforcement encounters. The county-issued ID
cards offer legal protections from arrest anywhere in California,
while physician recommendations and private ID cards do not.
Visit the California medical marijuana program Web site to find out
more about the ID cards and how patients and caregivers can apply for
them:
http://control.mpp.org/site/R?i=CmdLN5sB8r32XDVbTxMxWQ..If you live in a county that isn't issuing the cards, contact me at
{...snipped...} to find out how you can help bring this important
program to your area.
Patient employment rights bill advances
A.B. 2279, state legislation that would protect medical marijuana
patients from being terminated or denied employment for testing
positive for marijuana, will soon reach Gov. Schwarzenegger's desk.
Both houses of the legislature have approved A.B. 2279 --
authored by Assembly Member Mark Leno (D-San Francisco) and sponsored
by Americans for Safe Access. Because it was amended in the Senate to
exclude caregivers from exemptions for drug testing, the bill needs to
go to conference committee in its house of origin (the Assembly) for
final approval before being sent to the governor.
Stay tuned for future e-mail alerts to find out how you can help MPP
and our allies to pressure Gov. Schwarzenegger to sign this bill into
law.
Attorney General's Office issues medical marijuana guidelines
Earlier this week, California Attorney General Jerry Brown issued
"Guidelines for the Security and Non-Diversion of Marijuana Grown for
Medical Use," which seek to clarify the state's medical marijuana law
for
patients, caregivers, dispensing collectives, and law enforcement
personnel.
The guidelines note that, under existing law, collectives and
cooperatives of patients and caregivers are allowed, but that they may
not operate forprofit. They also include recordkeeping guidelines and
provide that marijuana cannot be obtained from sources other than
patients and caregivers who are part of the collective. The Attorney
General also made recommendations that should help prevent the arrest
of bona fide patients, including a recommendation that state and local
law enforcement officers "not arrest individuals or seize marijuana
under federal law" if they determine that the activity is protected by
state law.
Click here to download a PDF copy of the guidelines:
http://control.mpp.org/site/R?i=2ynkNudlPSZQR1rtMzHQuw..Thank you for supporting MPP. Please encourage your friends and family
to visit our Web page and sign up for our free e-mail alerts so that
they too can keep abreast of state and local marijuana news.
http://control.mpp.org/site/R?i=_bRdB6EhRLKs8fSfH_cgGA..Sincerely,
Aaron Smith signature
Aaron Smith
California Organizer
Marijuana Policy Project
It seems that Jerry "Spartan" Brown is just following the law, so any charges of hypocrisy should be directed elsewhere. Who would write such a non-profit clause into the law when there is so much profit in healthcare?