The Wide Acceptance Of Medical Marijuana In California

Whether you live in Van Nuys, North Hollywood, Studio City or Riverside County, whether you live in Southern California or Northern California, it's a good chance you either work or live near a legally sanctioned medical marijuana clinic or dispensary.

In California, dispensaries are legislatively sanctioned nonprofit organizations designed around the right of patients to have safe access to medically recommended marijuana. Accordingly, dispensaries are advised to adopt a policy of strict compliance when it comes to the zoning laws of their respective city and county. It's another matter if you're facing federal charges for the use and possession of marijuana.

Federal law presents a more complicated set of issues concerning the use and sale of medical marijuana primarily because the federal government does not legally distinguish between medical marijuana uses for recreational purposes verses medical purposes.

Under Federal law, marijuana is treated like every other controlled substance, such as barbiturates and amphetamines. The personal use and sale of these types of drugs without a medical doctors prescription is strictly forbidden and often carries strict fines and penalties.

Under current federal law, there are still five and ten year mandatory prison sentences for marijuana offences. There has been a recent and dramatic policy shift by the drug and enforcement divisions of the Federal government through Attorney General Eric Holder, in which it was announced that it will no longer raid medical marijuana dispensaries and clinics that are found to be in full compliance with their respective state and local laws and ordinances.

Allowing the states and local authorities to regulate the use and sale of medical marijuana has dramatically changed the political and legal landscape in favor of patient's rights, as well as the states rights to govern these issues independently.

Thirteen states, including California, have passed laws concerning the legal use of medical marijuana and its sale through individual neighborhood dispensaries and clinics. California currently has over 500 lawfully operating medical marijuana dispensaries and clinics across most of its major cities and counties.

For example, California counties such as Alameda, Alpine, Sacramento, Butte, Contra Costa, San Bernardino and Los Angeles allow for the personal possession and use of up to six mature marijuana plants or eight ounces of dried marijuana buds. Counties such as San Francisco allow for greater use and possession of medical marijuana then most other counties and have mostly deferred medical-use issues to medical doctors and their patients.

Many of the medical marijuana dispensaries and clinics list their products and services in online publications and directories. With online advertising, dispensaries have found new ways to differentiate themselves from their competition while helping marijuana patients be more informed on the medicinal use and applications of medical marijuana.

California's medical marijuana laws are the least restrictive in the nation mostly because California has vested local and county governments to enact their own laws and guidelines concerning the safe access and sale of medical marijuana to qualified patients through local dispensaries and clinics.

California medical marijuana laws provide that patients and caregivers may cultivate and possess marijuana for their personal and medical use. (H&S Code Section 11362.5.) Under California law, a licensed medical doctor may approve or recommend the use of medical marijuana for the treatment of specific types of illnesses including: cancer, anorexia, chronic pain, glaucoma, migraine, arthritis and any other condition in which medical marijuana provides medicinal relief.

Even with the protections afforded by California law for the operation of medical dispensaries and clinics, there are still places where the medical use of marijuana is strictly prohibited. The prohibited locations include 1,000 feet from the grounds of a school, recreation center, or youth center, on a school bus or while operating a motor vehicle. Finally, California prohibits the use of medical marijuana in any place where regular smoking is prohibited by law.

In summary, the medical use of marijuana has gained credibility and acceptance among physicians and the patients who suffer from painful and debilitating medical conditions for which marijuana provides relief. As states and local communities find their comfort zone in their regulation of marijuana dispensaries and clinics, they must also be careful not to alienate interest groups and political factions who reject its use and would like to see marijuana remain unlawful for all purposes including medical.