On April 10, the Maryland Senate voted 35-12 to allow marijuana use by prescription. The bill now moves to the House. Fourteen other states currently allow medical marijuana use. California is taking a step further and will allow its voters to choose to legalize marijuana use for all adults on this November’s ballot.
Alcohol was prohibited after the Constitution was amended to authorize its prohibition by the federal government. Notwithstanding the obvious implication by analogy of alcohol to marijuana, the federal government has never seen a necessity to amend the Constitution to attempt to enforce a federal ban on marijuana. It just decided it could, and then, it did.
The U.S. Supreme Court upheld the federal ban on marijuana in Gonzales v. Raich, 545 U.S. 1 (2005), citing that even homegrown pot that never crosses state lines is “commerce among the states,” which Congress may regulate pursuant to its Article I, Section 8 powers. Whether you think pot should be regulated or not, a plain reading of the Constitution, with a little bit of horse sense, will tell any right-thinking person that smoking pot you grew in your yard is not an act of “commerce among the states.” Although the states might have the power to regulate marijuana, the federal government most certainly does not.
It is not entirely clear as to whether the Supreme Court was sober when it issued its Gonzales opinion. Speaking under anonymity, one source confided to journalists that, just before the ruling was handed down, he heard an unnamed Justice in chambers say, “Pffffffft! Here.” Speculation remains as to whether the Justice was passing along the opinion or something else.
In Sacramento, there is a new law that affects medical marijuana use. Although in many parts of the country all use of marijuana is illegal, in Sacramento and other parts of California it is legal to use marijuana for medical reasons. This means that if you have a painful medical condition such as AIDS, or a condition that requires painful treatments, such as cancer, you can legally use marijuana to get relief from the associated pain and nausea. Of course, you will need to go through the proper channels to make sure that you are within the scope of the law. Following the proper guidelines ensures that you will be able to use marijuana medically in Sacramento without having to worry about getting into trouble with the police.
In 1996, Californians voted to pass Proposition 215. This proposition is also known as The Compassionate Use Act. It allows people to use, cultivate, and transport marijuana for medical uses. It also exempts people who do so and doctors who prescribe medical marijuana from any legal repercussions related to their actions. This is relevant because the federal government still considers marijuana use to be a crime. There have been several cases where the US government chose to prosecute individuals using medical marijuana in Sacramento (mostly growers of marijuana) who believed that they were acting within the scope of the Compassionate Use Act. If you choose to grow marijuana for medical purposes you will want to be aware that the federal government may choose to pursue you even though the state laws in Sacramento and other parts of California are on your side.
Following the passage of Proposition 215, marijuana dispensaries started springing up around Sacramento. In order to clarify some questions that came up, the California Senate passed Bill 420. This bill paved the way for a registration program for individuals who wanted to use marijuana for medical purposes. People who want to get a Medical Marijuana ID card (MMID) need to have a note from a doctor saying that their condition would benefit from the use of marijuana. Once a person has that he or she will need to go to the Sacramento County Office of Vital Statistics to pick up an application. The application asks about medical history and whether the applicant believes that marijuana use will help their medical condition. In addition to the doctor’s notes, applicants are required to provide proof of residency, a photo identification, their doctor’s name and contact information, and a non-refundable application fee of $166. Applications can only be turned in with a prior appointment. Appointments are scheduled on Wednesdays or Fridays, and applicants can call 916-875-0994 to schedule one.
Since the passage of Proposition 215 and Senate Bill 420, the use of medical marijuana in Sacramento has become much more commonplace. There are websites dedicated to maintaining a directory of doctors who are willing to write letters of recommendation, and of dispensaries where those possessing an MMID can purchase marijuana for medical use. Overall, surveys show that many citizens of Sacramento favor medical marijuana use so long as there are programs in place to keep people from abusing the system. For those who use medical marijuana for pain relief, these laws have enabled them to find their product in Sacramento without fear of legal repercussions.
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This is a great example of a state 'ignoring' or nullifying a federal mandate that they have deemed unconstitutional! Yeah! Hopefully, we'll simply do the same thing with ObamaCare. How do we get started on a state mandate to ignore ObamaCare? Anyone have a California resource to get this going besides simply writing to our state government?
This is a great example of a state 'ignoring' or nullifying a federal mandate that they have deemed unconstitutional! Yeah! Hopefully, we'll simply do the same thing with ObamaCare. How do we get started on a state mandate to ignore ObamaCare? Anyone have a California resource to get this going besides simply writing to our state government?