The San Jose Mercury News called on the federal government to pass nationwide medical marijuana standards using the Food and Drug Administration, but acknowledged the move was unlikely to happen anytime soon.
Our Los Angeles medical marijuana defense lawyers frequently report on the issue of conflicting city and county ordinances and the mess local politicians have made of a law meant to help patients. Introducing some consistency via federal regulations could indeed by helpful. But, as we reported on our Marijuana Lawyer Blog, the government’s outdated laws and insistence that marijuana is a dangerous drug means the FDA is likely to stay uninvolved.
San Jose has seen the number of dispensaries grow to about 80 since the Obama Administration announced federal authorities were not looking to bust marijuana businesses in states with medical marijuana laws on the books. Meanwhile, city voters have passed a tax — never mind that dispensaries are under mandate to operate as nonprofits and cities are forbidden from taxing nonprofits.
Meanwhile, the medical marijuana industry is a $1 billion business. California has decriminalized possession of small amounts of marijuana but the state failed to pass Proposition 19, which would have legalized marijuana for recreational use. However, we take exception with the Mercury News’ assertion that dispensaries are part of the problem. The vast majority of dispensaries are doing everything possible to comply with the ever-changing laws and are no more responsible for the illegal drug trade than bars are for drunk driving.
Only those dispensaries that stand up and fight for their rights are likely to be around long enough to see the dust settle and a group of rules assembled that are fair and tolerable to all involved.
The CANNABIS LAW GROUP is a law firm dedicated to the rights of medical marijuana patients, collectives and growers and has built a reputation for high-powered, aggressive legal representation of the medical marijuana industry in Southern California. Call 714-937-2050 for a confidential consultation to discuss your rights.