April 20, 2010
by Michael Lucas | Staff Writer
Cannabis cultivation in process. Photo by Michael Lucas
Under California Health and Safety Code 11362.5, also known as the Compassionate Use Act of 1996, Californian’s with serious illnesses may purchase and grow marijuana for medical use with no legal ramifications.
Marijuana, in a medicinal capacity, treats patients diagnosed with cancer, anorexia, AIDS, chronic pain, glaucoma, arthritis and migraines to name a few, according to the Compassionate Use Act. Californians diagnosed with these illnesses may obtain a recommendation for marijuana from their physician.
“If somebody has a medical problem, there should be no limits to what they can use for treatment,” said theater arts major Mchelle Dixon.
United States Code Title 21 Chapter 13 Section 812, or the Controlled Substance Act, categorizes marijuana as a Schedule I substance, establishing its illegality nationwide.
Regarding Schedule I substances, the federal law says, “The drug or other substance has no currently accepted medical use in treatment in the United States. There is a lack of accepted safety for use of the drug or other substance under medical supervision.”
According to the United States Drug Enforcement Administration, the federal government does not recognize the decriminalization of medical marijuana in California law, and they can enforce the federal law in California because the Supremacy clause in the Constitution states that federal law trumps state and local law.
“I definitely think there are more pressing matters than marijuana,” said City College student Austin McRonald, who calls himself an avid marijuana-smoker, in response to the DEA’s position.
According to California code, patients can possess up to eight ounces of dried marijuana and either six mature plants or 12 immature plants.
Although law does not require it, the California Department of Justice recommends that patients obtain a registered medical marijuana identification card. This allows law enforcement officials to easily verify the legitimacy of a doctor’s recommendation.
Sacramento City Code 9.08.120 prohibits public use of medical marijuana within 1,000 feet of a school or park, 100 feet of any building accessible to the public and 100 feet of any person other than a primary caregiver.
Although the debate on the DEA’s enforcement is ongoing, President Obama has promised to not enforce federal marijuana laws in California,“I would not have the Justice Department prosecuting and raiding medical marijuana users,” President Obama said on Aug. 21, 2007 at a town hall meeting in Nashua, New Hampshire. “It’s not a good use of our resources.”
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