Articles Posted in Medical Marijuana in California

A recently-introduced bill would impose a 15 percent tax on the sales of medical marijuana, which would in turn be funneled into state enforcement initiatives, rehabilitation programs and park services.

The proposed Marijuana Value Tax Act could result in the state raking in some $100 million in new revenue. The measure was introduced after the passage of historic regulations last year that mandated the state issue local licensing for marijuana operations under the umbrella of the newly-formed Bureau of Medical Marijuana regulations.

Officials have said this kind of regulatory framework is “long overdue” in California. We were the first state in the country to pass reforms that allowed critically ill patients to receive marijuana. Since then, dozens have followed our lead, and a handful have taken it a step farther, approving measures that grant legal access to the drug for recreational purposes. But the problem for California was that our lawmakers had no model to spin off. There was no precedent to show us what would work and what wouldn’t. We were a test for many other states, and several who followed us have done it better in terms of state regulation. Our laws are a patchwork of local rules, which has exposed patients, doctors, growers and dispensaries to a host of legal woes from state, local and federal authorities.
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Medical marijuana remains classified as Schedule I substance under federal law. This designation is supposed to apply only to substances which do not have any accepted medical uses. This is clearly the wrong designation for marijuana, as cannabis has been proved time and again to have significant health benefits for patients, with minimal side effects.
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Recreational marijuana legalization is expected to be on the ballot in California in 2016 and is expected to be approved by voters. While most agree marijuana legalization is likely, the big lingering question relates to exactly what ballot initiative will move forward and what framework will be established for legalization.

Now, however, it looks like this question may be answered according to AlerNet. The California Control, Tax, and Regulate Adult Use of Marijuana Act (AUMA) has big money behind it and has been endorsed by many board members of ReformCA.
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Research into the benefits of cannabis is essential to provide new treatment alternatives to patients. In particular, it is imperative for scientists to have the ability to research cannabidiol (CBD), which is the most abundant cannabinoid with non-psychoactive properties that is found within the cannabis plant. Past studies have shown tremendous benefits from CBD, particularly in children and adults suffering from epilepsy and seizure disorders. With broad opportunity to conduct clinical trials and other scientific testing, even more health benefits of CBD may be discovered.

Unfortunately, the federal laws classifying cannabis as a Schedule I substance result in severe restrictions on the ability to conduct research. Fortunately, steps are being taken in the right direction. The Drug Enforcement Agency has recently eased some of the myriad regulatory requirements which the Controlled Substances Act imposes on research of CBD and other cannabis derivatives. While many more changes need to occur to federal drug laws, cutting some of the red tape should allow for much more effective research into the many health advantages of marijuana which are already beginning to come to light.
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Public attitudes towards marijuana have shifted in favor of legalization, with Gallup reporting 58 precent support making cannabis use legal. This is the highest percentage of people in favor of legalizing marijuana measured to date. Unfortunately, even as more people support making cannabis use legal, the federal government and many states still impose criminal penalties on people who grow, sell, and use cannabis products.

Just because a prosecutor presses charges, however, does not mean that a defendant is going to end up facing harsh penalties. Just recently, an article from La Presse reported on a case in which a defendant in Quebec ended up being fined just $1.30 for breaking local drug laws.
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Colorado took a step that at one time seemed incredible and legalized marijuana for recreational purposes. Since that law went into effect, some of those who once opposed legalization have seen that the sky is not falling, and nothing catastrophic is happing after legalization, as they once predicted. However, others who originally opposed medical marijuana have not been swayed from this opposition and are now trying to get other states to ban the use of marijuana.

According to a recent news report from Westwood, law enforcement groups in Colorado continue to work to prohibit all use of marijuana and continue say how bad things have become, despite credible evidence to the contrary. There has even been a report from the prestigious Brookings Institution on how well things have worked out for the state Continue reading

As the California medical marijuana framework has developed over the past two decades, there have been few widespread regulations establishing order within the industry. As a result, many patients who get medical marijuana prescriptions from doctors do not have a conventional patient/doctor relationship with the doctor who prescribes cannabis. California is aiming to make some changes to this system, and other states which are moving forward with medical marijuana legalization are also struggling to address the issue of what requirements- if any- should be imposed to ensure that doctors are not writing prescriptions too casually.

The concern about regulating doctors who write prescriptions for medical marijuana exists because many locations have legalized, or will soon legalize, marijuana for health purposes when prescribed by a doctor, but have not and may not legalize cannabis use for recreation. Lawmakers fear that some people will get prescriptions when they don’t actually have serious conditions in order to be able to access cannabis.

Of course, rather than turning doctors into potential criminals and wasting time and money regulating the doctor/patient relationship, a better solution might be to simply legalize cannabis for recreational use as well as medicinal purposes. California may be doing that after the 2016 ballot initiative if advocates for legalization can coalesce around one proposal and hopefully get it to pass.
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As California considers multiple proposals for the legalization of recreational marijuana, it will be important to determine how legalization for recreational use will integrate with the existing framework in place for decades allowing medicinal use. In some locations where both recreational and medicinal marijuana are legal, there are entirely separate systems for each different type of cannabis sales. In a recent Oregon Live article, the case was made that keeping recreational and medicinal marijuana separate makes no sense.
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While California has been a pioneer in making it possible for patients in need to get access to medical marijuana, other states have been slow to move towards the future of medicine. This is true not only in states that have not yet passed legalization measures, but also in locations where medical marijuana laws have passed. In New York, for example, a medical marijuana law passed a year ago but not a single patient has yet been able to access the medication they need.

In an effort to make marijuana products available to those in dire need due to serious health conditions, the New York State legislature passed an emergency access bill with overwhelming support. The bill was delivered to Governor Cuomo to sign on the 30th of October, which means that the deadline for action was November 11.
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