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Often California is considered the most liberal state in America.  It is filled with beaches, health nuts, and Hollywood pizaz; and it was no surprise when voters approved marijuana cultivation and possession for particular medical patients and caregivers in 1996 in Proposition 215.

However, since then there has been much controversy over the subject and a good deal of ambiguity over the legality and enforcement of the proposition.  After the initiative was passed in 1996 the state legislature updated it in 2003 to post guidelines to clarify.  This clarification included an assurance that marijuana grown for medicinal purposes will not be placed in posession of non-patients; it also gave clarification to the laws regarding cultivation, transportation, possession, and the use of marijuana.

Regardless of these laws, some law enforcement and other government agencies still continue to be confused about the laws.  In a recent court battle between San Diego and San Bernardino counties and the state of California; it was shown how unclear these laws still are.  The 2 counties argued that issuing government-sponsored ID cards to patients for them to obtain marijuana was illegal, as it had not been federally approved. However, California state appeals court upheld the law and required that the 2 counties dispense ID cards as per state law requirements.

California’s Attorney General, Jerry Brown has stepped in to provide some much needed clarification by  releasing an 11-page document, “Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use”.  This guide was designed to assist patients as well as law enforcement.  The document addressed the law - Medical Marijuana Program Act - which requires the California Department of Public Health to run a program to assist the voluntary registration of qualified patients and their caregivers with a statewide ID program.  All counties in California must provide and process application to those seeking to participate in the program and issue ID cars to those that are approved.

Furthermore, the Attorney General felt that he needed to clarify the physician requirements as well as far as their participation in the program. Under the supervision of the Medical Board of California, doctors must comply with accepted medical standards of face disciplinary action from the Medical Board.  The standards include history and examination of the patient, a treatment plan that is objective-based, consideration for side effects, a review of the effectiveness of treatment, consultations with the patient, and detailed records of the whole process.

More importantly, the publication addressed the differences between the federal and state laws in regards to marijuana.  In the past, Congress has ascertained that state are free to regulate controlled substances.  California has not legalized medical marijuana but instead has choosen not to punish offenses related to marijuana when it has been deemed medically neccessary.  The article states, “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.”

Any dispensiaries that grow medicinal marijuana are encouraged to register under California’s Food and and Agricultural Code, as that will provide legal protection.  However, those running unregistered dispensaries for profit may be arrested and prosecuted by local authorities.”  These new specific guidelines will help protect legal cultivators and allow law enforcement to search out those using the law as a front for illegal marijuana selling.

Currently, it is estimated that about 200,000 patients use the California law to grow and/or use marijuana for treatment of serious ailments such as cancer and AIDS.  It has been stated that the issuance of state ID cards will help protect those using legally and help to prosecute those who are not cooperating under the guidelines of the law.

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