Posted on 11/24/2008 4:51:42 PM PST by SmithL
SAN FRANCISCO -- Someone who supplies marijuana to a patient who has a doctor's approval for it can be prosecuted for drug-dealing, the state Supreme Court ruled today in a narrow interpretation of California's medical marijuana law.
Advocates on both sides of the case agreed that the unanimous ruling would encourage Californians to obtain medical marijuana from patient cooperatives, which are authorized by a 2003 state law, rather than from an individual supplier.
"Ideally, it (the ruling) won't have a tremendous effect," said Joseph Elford, a lawyer for Americans for Safe Access, a pro-medical marijuana group. "Patients will now increasingly get their medication through collectives and cooperatives."
The 2003 law "provides an alternative outlet for patients," agreed Deputy Attorney General Michele Swanson, the state's lawyer. She said Monday's ruling applies only to a category of suppliers - those who are not the patient's caretaker or fellow cooperative member - whom the voters never intended to protect when they passed Proposition 215 in 1996.
But Lawrence Gibbs, attorney for the Santa Cruz County man who appealed his marijuana-dealing convictions, said the court "made it much, much more difficult for qualified patients to get their medical marijuana."
Although patients can turn to cooperatives or clubs, Gibbs said, the resulting centralization of cultivation and supply will make raids and prosecutions much easier for federal authorities, who are not bound by Prop. 215. President-elect Barack Obama said during the campaign that he supports a state's right to legalize the medical use of marijuana, but believes it should be subject to regulation by the U.S. Food and Drug Administration.
The ruling is the second time this year the state Supreme Court has limited the scope of Prop. 215, which allowed patients to grow and use marijuana with a doctor's recommendation.
(Excerpt) Read more at sfgate.com ...
Whats the big deal with marijuana? You never hear about pot heads killing a family under the influence in a car accident, or a pot head going crazy and shooting some police. I don’t smoke, never have, just have never understood the big deal.
Of all the problems Californication has they want to focus on this. Prohibition never works and the war on drugs needs to end.
Me either. I keep hearing it’s a “Gateway” drug, but if that is the case, so is alchohol, tobacco and caffeine.
LOL!
I bet I could function better on a few tokes of a joint than any one pill of morphine, codeine or anything like it.
And I’d also bet I’d walk away less physically addicted.
I don’t smoke marijuana either....but this is ludicrous!
For God’s sake, end this absurd War on DRugs that we have lost...Or at least legalize marijuana, regulate and TAX IT!!!!
I LOST 40% OF MY RETIREMENT in the last month and anyone really thinks I give a fling F...about legal or illegal marijuanna???
at least if we tax this, like alcohol....it would help us with our deficit.
go ahead and flame away all you puritan moralists!
It’s too weird - you can get just about anything narcotic from your doctor but ‘weed’????? Naughty .....
ps - tried it once - passed out at dinner with my face in the mashed potatoes ... dad put me to bed and went gunning for the guy who gave it to me .... that was five years ago.
I’m surprised. I assumed half the judges in California were stoned most of the time.
I hate the smell. But I can't stand stale beer smell either.
The stupidity of drug prohibition.
Will society ever grow up?
If drugs were legalized then researchers could create a new class of much safer recreational drugs...many with near instant antidotes to allow people to come down quickly in case of emergency.
We live in an unenlightened age.
The failed drug warriors lost. They need to accept it so that we can move on. And we need to free pretend criminals so we can open up prison space for real ones.
You sound like me. It’s so funny to watch that 70’s show. I think that more teenage households than anyone will admit, even some Republican households. At least that have matured enough to move over to right.
Most grow out of it and turn into nice, normal people.
Some turn into drug addict prisoners/overdosers.
I still don’t think marijuana makes a difference one way or another. Just my opinion though.
Prop 215 was/is a complete ruse and should be repealed. The little "clinic/dispensery" in my community is drawing in beau coup undesireables, including the Hells Angels and other criminal types!
It's NOT a victimless crime and based on this and what I see our POTUS and the Secretary of the US Treasury doing, it just proves that crime DOES pay, handsomely!!!
P.S. The scroungy Doctor and Lawyer runnin their little corner dope store in my community just got convicted and sentenced to a rather long federal prison term, so there is SOME justice goin on around here!!!
Just what we need in prison, more doctors.
L
It’s a good thing when they’re screwing up my neighborhood!!!
If they can’t do the time, they shouldn’t do the crime!!!
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