In almost all parts of the world, drugs are considered illegal. Because of this, their trading transactions are also viewed as a crime and unlawful activity however, California is a unique place. By virtue of the Proposition 215 and the Compassionate Use Act of 1996, California conveniently removed the then imposed penalties on the use, possession and growing of marijuana. Such penalties were waived of if the concerned individuals had oral or written approval from their delegated physician in that he would in fact benefit from the use of marijuana medically.
California has become home to free and easy usage of marijuana. Primarily, the legal conditions in the mentioned act had certain purposes and aims. To start with, the stipulations passed ensured that the growing of marijuana was indeed for solely medical reasons. This in a way protected the market of marijuana for medicinal aims. Hence, no license is required in California to use or grow marijuana but an identification card by the medical authorities is necessary for providing marijuana for medical aids.
The steps are rather simple. To begin with, one is required to obtain permission from a doctor that the marijuana will be beneficial in treating the prevailing illness or disease. In a broad sense, medical authorities have outlined a few diseases for which marijuana’s growth is permissible, such as AIDS, cancer, migraine, and seizures to name a few. Only those individuals who are able to qualify as patients or caregivers are legally allowed to grow marijuana in California. Once the permission is obtained, the next stage is to apply for a medical marijuana identification card. This card is the key to be enrolled in California’s Medical Marijuana Program. By paying the required fee, along with fulfilling other ancillary conditions, the card can be easily obtained which acts as your pass to grow and use marijuana. The identification card qualifies you to grow not more than 8 ounces of dried marijuana or 6 mature marijuana plants. Larger or exceeding amounts may be grown or used by applying for further permission.
This easy way of growing and using marijuana makes California an attractive place. It demonstrates flexibility and easiness which is well equated with the medical need of the individual. On the other hand, it is also important to note that this free distribution of licenses is rather harmful or at least alarming. It means that if an individual is able to prove to the authorities that marijuana is desperately required for medical purposes, the license will be invariably granted. Thus, the system essentially calls for a list of checks and balances in order to ensure that the authorities are not crossing their delegated powers and that the individuals are not abusing the otherwise very accommodating system.
One way of ensuring that the program is not rigorously abused is by outlining an alternative. This solution should encompass that the market of marijuana is not compromised and that the medical need of marijuana is also alongside sustained. One possible way of doing this is by delegating the growth and use of marijuana to the program only. In this way, the market will be contained and regulation will be more easy.
If you find yourself involved in a marijuana lawsuit, contact the super lawyers at Okabe and Haushalter for a free consultation!