Legal Commentary

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):

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.