I would like to know because I want to do a paper on it... and also I have a few friends who have certain medical issues and want to know whether it is solvable by use of medical marijuana or not.
2007-02-26 09:41:34 · 4 answers · asked by Ashley A 2 in Politics & Government ➔ Law Enforcement & Police
In California there is no state regulation or standard of the cultivation and/or distribution of medical marijuana. California leaves the establishment of any guidelines to local jurisdictions, which can widely vary.
2007-02-26 09:45:13 · answer #1 · answered by Anonymous · 1⤊ 0⤋
By state law yes. But the US government ignores the state law and will still arrest people in CA for it. And (wrongly I believe) the US Supreme Court has upheld the conviction of a CA resident who was growing and using marijuana for medical purposes saying the US law (justified under the "interstate commerce clause) was legal even though the marijuana wasn't sold or otherwise involved in commerce and never crossed state lines (or even left the guy's house).
So the CA cops won't arrest you, but the Feds will if they want to.
2007-02-26 09:59:34 · answer #2 · answered by Faeldaz M 4 · 2⤊ 0⤋
Stimulate appetite and relieve cachexia (the physical wasting away of AIDS and cancer sufferers).
Control nausea and vomiting associated with cancer chemotherapy.
Decrease intraocular pressure inside the eyeball for relief of glaucoma.
Analgesia for chronic pain due to a variety of conditions.
Neurologic and movement disorders, such as muscle spasticity and seizures.
Can a physician legally recommend marijuana in California?
Yes. Physicians are legally allowed to recommend, but not issue, medicinal marijuana to qualified patients, as specified under prop.215 and SB 420. As stated by Chief Judge Walters in Conant vs. Walters, in Opinion, section II second paragraph, a physician may not aid and abet in " . . .the purchase, cultivation, or possession of marijuana . . ."
Back to Top of Page
. Is it legal if I have a physician's recommendation to use/carry/smoke medicinal marijuana?
SB 420 states that: "(e) No person or designated primary caregiver in possession of a valid identification card shall be subject to arrest for possession, transportation, delivery, or cultivation of medical marijuana in an amount established pursuant to this article, unless there is reasonable cause to believe that the information contained in the card is false or falsified, the card has been obtained by means of fraud, or the person is otherwise in violation of the provisions of this article." However, under federal law possession of medicinal marijuana is a misdemeanor.
Back to Top of Page
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
2007-02-26 09:49:16 · answer #3 · answered by twocrafty65 3 · 1⤊ 0⤋
Well, kind of yes and kind of no. I believe it is legal as far as the state government is concerned but not as far as the federal government is concerned.
See, when people argue about states rights they do not mean the right for legal pot, they mean about making abortion illegal.
2007-02-26 09:44:22 · answer #4 · answered by doctor risk 3 · 1⤊ 0⤋