Home -> Law Blog Directory -> Legal Commentary Blogs -> Prawfs
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Legal Commentary
: PrawfsMarijuana Law
By Dan Markel, Ethan Leib, Rick Garnett, Matt Bodie, Paul Horwitz , Steve Vladeck, and Orly Lobel
There is something growing this summer in cities and counties across California. Its not as pungent as the cannabis being cultivated in the dry hills, but for socio-legal scholars it may be just as exciting; its marijuana law. In 1996 Californian's passed Proposition 215, the Compassionate Use Act, which exempted from existing state possession and use laws those who:
In 2003 the state legislatively adopted minimum guidelines that establishes a minimum right to possess up to 6 mature plants (or 12 immature one) and up to 1/2 a pound of dried marijuana. Counties can create more liberal standards (Sonoma permits up to 99 plants) so the state law establishes a floor for those counties that had refused to recognized Prop. 215 rights at all. But perhaps the most interesting development is that cities and counties all over the state are beginning to regulate the "dispensaries" or "pot-clubs" that have sprung up to provide medical cannabis to physician recommended users. (The website of the CA NORML provides a current catalog).
As a recent story by Julia Scott of the San Mateo Times describes, the new ordinances cover a wide range of issues including location (not near schools), whether they can sport visible signs, whether they can make a profit or must operate as cooperatives. A major issue of contention concerns "edibles," cannabis laced cookies and candies that are very functional for those seeking pain and nausea relief from cannabis, but who do not want to feel the "high" as much):
"Hermes' main quibble with San Mateo County's new licensing ordinance is that it specifically excludes edible forms of medical marijuana, such as pot cookies, from being sold at collectives. County officials left edibles out of the rule-making process because state law doesn't regulate them at all ? so the default position was to assume they were unlawful.
Other entities, the county of Los Angeles for example, have gone in the opposite direction by regulating how edibles are produced and sold.
Thirty-two cities and eight counties across California have adopted ordinances protecting qualified patients who seek treatment with medical marijuana. Many, if not most of the collectives in those areas sell edible marijuana products, Hermes said"
Needless to say there is an enormous opportunity to empirically study the effects of different legal choices as well as the larger evoluton of a body of regulatory law. With other states (Illinois, Rhode Island, ?) adopting medical cannabis exemptions, we are on the verge of a naitonal legalization movement that will also be a case study in legal pluralism (or dozens of such). Make no mistake, we are talking defacto legalization with at least an estimated 300,000 persons now receiving medical cannabis in California. The fact is that all most anyone over 45 (who s not extraordinarily lucky) has an aliment that qualifies for medical cannabis. Soon t it will only be the young people who will be barred by law from using cannabis; and at 50 (next month), I think that's hilarious.
Full post as published by Prawfs on August 10, 2009 (boomark / email).

California Marijuana Law: Easy on Users, Harsh on Sellers
MA: Marijuana Law Comes With Challenges
Does Marijuana Affect Driving Ability
DMV unfairly targeting medical marijuana users, claims suit
Buzzkill: Marijuana dispensary owner finally sentenced









